By Issah Olegor
The Supreme Court has admitted 14 prominent Civil Society Organisations (CSOs) as friends of the court in the high-profile constitutional case challenging the prosecutorial powers of the Office of the Special Prosecutor, in a development that could significantly shape the future of the country’s anti-corruption architecture.
The decision was taken on Monday, May 19, by a seven-member panel of the apex court after lawyers for the CSOs successfully argued that the organisations possess expert knowledge and institutional experience relevant to the establishment and operations of the Office of the Special Prosecutor (OSP).
The organisations admitted as amici curiae include Transparency International Ghana, Ghana Anti-Corruption Coalition, CDD-Ghana, IMANI Africa, Democracy Hub, STAR-Ghana Foundation, NORSAAC, Penplusbytes, ACEP, Odekro, A Rocha Ghana, Parliamentary Network Africa, One Ghana Movement and Africa Education Watch.
The Supreme Court directed the organisations to file their legal processes within 14 days.
The latest proceedings form part of a major constitutional challenge filed in December 2025 by Noah Adamtey, who is seeking a declaration that the prosecutorial authority granted to the OSP under the Office of the Special Prosecutor Act, 2017 (Act 959), violates the 1992 Constitution.
The plaintiff argues that the Constitution exclusively vests prosecutorial authority in the Attorney-General and therefore Parliament acted beyond its powers by granting independent prosecutorial authority to the OSP.
The suit specifically challenges provisions of Act 959 that seek to make the Special Prosecutor institutionally independent from the Attorney-General in the initiation, conduct and termination of criminal prosecutions.
According to the writ invoking the exclusive original jurisdiction of the Supreme Court, the contested provisions are inconsistent with Articles 1(2), 88(3) and (4), 93(2), and 296 of the Constitution and should therefore be declared null and void.
At the centre of the legal battle is the interpretation of Article 88 of the Constitution, which outlines the powers and responsibilities of the Attorney-General.
Article 88(3) states that the Attorney-General shall be responsible for the initiation and conduct of all criminal prosecutions in Ghana, while Article 88(4) provides that all offences prosecuted in the name of the Republic must be brought at the suit of the Attorney-General or a person authorised by him in accordance with law.
The Attorney-General, in his statement of case before the court, reportedly argues that Act 959 effectively strips the Attorney-General of constitutionally guaranteed powers by compelling the ceding of portions of prosecutorial authority to the OSP.
According to the Attorney-General’s argument, the current legal framework creates a situation where the Attorney-General can only prosecute offences not already being handled by the Special Prosecutor, thereby undermining the constitutional role assigned to the office.
The case is attracting enormous public interest because the Office of the Special Prosecutor was created in 2018 as one of Ghana’s flagship anti-corruption institutions following years of public demand for an independent body capable of investigating and prosecuting corruption-related offences without political interference.
The OSP Act was passed during the administration of former President Nana Akufo-Addo as part of broader anti-corruption reforms championed by government and civil society organisations.
Since its establishment, the OSP has handled several politically sensitive investigations involving former government officials, public procurement controversies and corruption allegations linked to state institutions.
Supporters of the OSP have consistently argued that the institution’s operational independence is essential to ensuring credible anti-corruption enforcement, particularly in cases where political considerations may affect the Attorney-General’s prosecutorial discretion.
Critics, however, have long questioned whether Parliament could constitutionally create an independent prosecutorial body separate from the Attorney-General without first amending the Constitution.
Legal analysts say the Supreme Court’s eventual ruling could have far-reaching implications for Ghana’s constitutional order, the separation of powers and the future functioning of the country’s anti-corruption institutions.
The participation of the 14 CSOs is expected to strengthen arguments in defence of the OSP, especially given the influential role many of the organisations played in advocating for the establishment of the anti-corruption office.
