BY Issah Olegor
Ghana is bracing for a major constitutional battle at the Supreme Court as fresh legal action challenges the prosecutorial authority of the Office of the Special Prosecutor (OSP), reigniting long-standing tensions over the independence of the country’s anti-corruption framework.
At the centre of the dispute is a move by Deputy Attorney-General Justice Srem-Sai, who has filed a statement of case seeking to strike down key provisions of the Office of the Special Prosecutor Act, 2017 (Act 959).
The legal challenge specifically targets Section 4(2) of the Act, arguing that it is unconstitutional for allowing the OSP to initiate prosecutions without prior authorisation from the Attorney-General.
According to the arguments filed on April 8, 2026, the Attorney-General’s office maintains that under Article 88 of the 1992 Constitution, prosecutorial authority rests solely with the Attorney-General. It contends that Parliament exceeded its powers by passing legislation that effectively grants prosecutorial independence to the OSP—thereby creating what it describes as an unconstitutional parallel authority.
The Deputy Attorney-General is expected to argue that while individuals may be authorised to prosecute on behalf of the state, such powers cannot be delegated to a statutory body like the OSP.
The filing further asserts that Parliament cannot compel the Attorney-General to delegate prosecutorial authority, nor can it vary constitutional powers through ordinary legislation.
This legal challenge emerges against a backdrop of sustained political and institutional pressure on the Special Prosecutor, Kissi Agyebeng, whose tenure since 2021 has been marked by recurring confrontations over the office’s mandate and survival.
Critics argue that the OSP, established in 2018 as an independent anti-graft body, was specifically designed to address perceived weaknesses in the prosecutorial system—particularly concerns about the Attorney-General’s ability to pursue corruption cases involving political actors.
Historically, the Attorney-General’s dual role as both chief legal advisor to government and principal prosecutor has drawn criticism for creating potential conflicts of interest.
The establishment of the OSP under Act 959 was widely viewed as a structural reform intended to insulate corruption investigations and prosecutions from political interference.
However, the OSP’s independence has remained contested from its inception. The current court action follows earlier political efforts, including parliamentary attempts to abolish or restructure the office—moves that sparked public backlash and raised concerns about the future of the anti-corruption agenda.
The outcome of the case could have far-reaching implications. If the Supreme Court upholds the Attorney-General’s argument, it could effectively subordinate the OSP to the Attorney-General’s authority, fundamentally altering its operational independence.
On the other hand, a ruling in favour of the OSP would reinforce its autonomy and potentially strengthen calls to entrench its powers within the Constitution, as previously recommended by constitutional review processes.
The case is therefore shaping up to be more than a legal dispute—it represents a defining moment in Ghana’s governance framework, testing the balance between constitutional authority and institutional independence.
