The Supreme Court has unanimously dismissed a suit challenging the Office of the Special Prosecutor’s (OSP) authority to independently initiate and conduct prosecutions, affirming the office’s mandate under the Office of the Special Prosecutor Act, 2017 (Act 959).
The seven-member panel, presided over by Chief Justice Paul Baffoe-Bonnie, rejected a case filed by private legal practitioner Noah Adamtey, who argued that prosecutorial powers were reserved exclusively for the Attorney-General under Article 88 of the 1992 Constitution.
Mr Adamtey had asked the court to strike down provisions of Act 959, particularly sections 3(3) and 4, which grant the OSP independent authority to investigate and prosecute corruption-related offences.
However, the Supreme Court dismissed the application, leaving intact the legal framework that allows the Special Prosecutor to prosecute cases without prior approval from the Attorney-General.
The ruling comes despite arguments from the Attorney-General’s Office, where Deputy Attorney-General Justice Srem-Sai maintained that prosecutorial authority rests solely with the Attorney-General.
The decision has been welcomed by civil society organisations, including Transparency International Ghana and IMANI Africa, which joined the case to defend the independence of the OSP.
The judgment is expected to remove uncertainty surrounding the office’s ability to pursue ongoing corruption cases.
A previous High Court decision that required the OSP to seek the Attorney-General’s authorisation before prosecuting had affected some cases, including the trial involving former minister Mustapha Hamid, pending the Supreme Court’s determination.
The ruling also strengthens the position of Special Prosecutor Kissi Agyebeng, who has repeatedly defended the independence of his office in pursuing corruption-related investigations and prosecutions.
With the Supreme Court’s decision, the OSP can continue exercising its prosecutorial powers without seeking approval from the Attorney-General.
Credit: Adomonline