The Supreme Court has unanimously dismissed a case challenging the autonomous powers of the Office of the Special Prosecutor (OSP) under Article 2017 (Act 959) of Ghana’s constitution.
This ruling resolves a constitutional challenge posed by private legal practitioner Noah Adamtey, who questioned the alignment of the prosecutorial powers granted to the OSP under Act 959 with Ghana’s 1992 Constitution.
Adamtey contended that Parliament overstepped its authority by creating the OSP with independent prosecutorial powers.
His lawsuit argued that Article 88 of the Constitution assigns prosecutorial powers exclusively to the Attorney-General, rendering it unconstitutional for Parliament to establish another entity with similar powers through standard legislation.
The Attorney-General backed the challenge, asserting that while prosecutorial powers can be delegated, such delegation must remain under the supervision of the Attorney-General and cannot be permanently assigned to an independent body without a constitutional amendment.
During the proceedings, the OSP sought to intervene in the case as an interested party, but the Supreme Court denied the request, stating that the constitutional issues could be resolved between the plaintiff and the Attorney-General. Nevertheless, several civil society organisations were permitted to participate in the proceedings due to their involvement in advocating for anti-corruption reforms.
In its unanimous ruling delivered on Wednesday, July 29, the apex court upheld the constitutionality of the OSP Act, confirming the legal foundation for the establishment and functioning of the Office of the Special Prosecutor.
However, the court also determined that the Attorney-General, in accordance with Article 88 of the Constitution, possesses the authority to discontinue any prosecution initiated by the OSP.
