GGA-WARO warns of risks to OSP autonomy in legal battle with Attorney-General
A civil society organisation has raised alarm over a legal challenge before the Supreme Court which it says could undermine the independence of Ghana’s anti-corruption architecture, particularly the Office of the Special Prosecutor (OSP).
In an opinion article issued by the Good Governance Africa – West African Regional Office (GGA-WARO), the group warned that moves by the Attorney-General to require the OSP to seek prior approval before initiating prosecutions risk weakening the country’s efforts to tackle high-level corruption.
The organisation described the development as a critical test for the country’s governance framework, arguing that the outcome of the case could determine the future effectiveness of the OSP.
According to the group, the Special Prosecutor’s office was deliberately designed to operate independently of political control, especially in handling cases involving influential public officials.
“Requiring the OSP to seek prosecutorial clearance from the AG’s office is not a procedural refinement. It is the insertion of a political veto into what must be a purely legal process,” the article stated.
The Attorney-General’s position is reportedly anchored on Article 88 of the 1992 Constitution, which designates the office as the principal legal adviser and prosecutor for the state. However, GGA-WARO argued that this provision must be interpreted alongside the Office of the Special Prosecutor Act, 2017 (Act 959), which established the OSP with a distinct mandate.
The group maintained that the law was enacted to address longstanding concerns about delays and perceived interference in corruption-related prosecutions, particularly those involving politically exposed persons.
It cautioned that requiring the OSP to obtain approval from the Attorney-General could effectively reintroduce the very constraints the institution was created to overcome.
Drawing on regional experiences, the organisation noted that similar arrangements in other countries have often resulted in stalled or abandoned cases involving powerful individuals.
It further criticised the scope of the Attorney-General’s legal action, observing that it focuses solely on prosecutorial control without addressing broader institutional challenges such as funding, staffing and investigative capacity.
GGA-WARO urged the Supreme Court to uphold the operational independence of the OSP, stressing that the integrity of Ghana’s anti-corruption framework depends on it.
The organisation also called on the public to follow proceedings closely, warning that the implications of the case extend beyond institutional arrangements to public confidence in accountability mechanisms.
