Deputy Attorney-General and Minister for Justice, Justice Srem Sai, has signalled the Attorney-General’s Department’s readiness to authorise the Office of the Special Prosecutor (OSP) to prosecute cases, provided a formal request is submitted.
Speaking in a media interview on April 17, he dismissed claims of friction between the two institutions, emphasising that the Attorney-General’s office remains committed to cooperation in advancing Ghana’s anti-corruption agenda. He stressed that granting prosecutorial authority to the OSP would not be contentious, describing such collaboration as consistent with a practical and constitutionally grounded approach to justice delivery.
These remarks come in the wake of a significant ruling by the Accra High Court, which has altered the operational landscape of the OSP. In its April 15, 2026 decision, the court held that the OSP lacks the constitutional mandate to independently prosecute criminal cases without express authorisation from the Attorney-General.
The court based its decision on Article 88 of the 1992 Constitution, which vests the authority to initiate criminal prosecutions solely in the Attorney-General, unless such powers are formally delegated. Consequently, the court directed that all ongoing prosecutions handled by the OSP be transferred to the Attorney-General’s Department.
This ruling has introduced uncertainty into several corruption-related cases initiated by the OSP, effectively placing them on hold pending further legal clarity. The judgment followed a suit filed by private citizen Peter Achibold Hyde, who challenged the legal foundation of the OSP’s prosecutorial independence.
The High Court decision coincides with an ongoing constitutional challenge before the Supreme Court of Ghana, which could have far-reaching implications for the future of the OSP.
The case, filed by Noah Ephraem Tetteh Adamtey, contests the constitutionality of the Office of the Special Prosecutor Act, 2017 (Act 959). The plaintiff argues that Parliament exceeded its authority by establishing an institution with independent prosecutorial powers, asserting that Articles 88(3) and 88(4) of the Constitution reserve such powers exclusively for the Attorney-General.
The suit specifically seeks to invalidate provisions of Act 959 that grant the OSP independent prosecutorial authority. Legal proceedings have also clarified that the Attorney-General’s office is the appropriate respondent in the matter, given that Parliament enacted the legislation under challenge.
Legal analysts suggest that the Supreme Court’s eventual ruling will be pivotal in defining the institutional structure and authority of the OSP. At stake is whether the anti-corruption body can continue to operate with independent prosecutorial powers or will be required to function under the direct supervision of the Attorney-General.
Until a final determination is made, the evolving legal developments are expected to significantly influence the conduct and continuity of anti-corruption prosecutions in Ghana, with broader implications for accountability and governance.
