Ghana’s Supreme Court has unanimously ruled that the Office of the Special Prosecutor Act, 2017 (Act 959) is constitutional, ending months of legal uncertainty over the anti-corruption body’s prosecutorial powers. While affirming the Office of the Special Prosecutor’s (OSP) authority to independently investigate and prosecute corruption-related offences.

The apex court also clarified that the Attorney-General retains the constitutional power to discontinue any criminal proceedings initiated by the OSP.

The landmark judgment provides much-needed legal certainty for Ghana’s anti-corruption framework and settles a constitutional dispute that had raised questions about the balance of prosecutorial authority between the OSP and the Attorney-General.

Supreme Court Affirms Constitutionality of the OSP Act

The unanimous decision dismisses claims that the OSP Act is inconsistent with Ghana’s 1992 Constitution. The court held that Parliament acted within its constitutional mandate when it enacted Act 959, thereby preserving the legal foundation upon which the Office of the Special Prosecutor operates.

The ruling effectively overturns concerns that the OSP lacked the constitutional authority to prosecute corruption cases independently, reaffirming the institution’s central role in Ghana’s fight against corruption.

One of the key outcomes of the judgment is the confirmation that the Office of the Special Prosecutor has the legal authority to initiate and conduct prosecutions involving corruption and corruption-related offences without requiring prior approval from the Attorney-General.

This aspect of the decision strengthens the operational independence of the anti-corruption agency and reinforces Parliament’s intention to establish a specialized institution capable of handling high-profile corruption investigations and prosecutions.

The ruling is expected to restore confidence in ongoing and future cases being handled by the OSP after months of legal uncertainty created by earlier court proceedings.

Attorney-General Maintains Constitutional Oversight

Although the Supreme Court affirmed the OSP’s prosecutorial independence, it also made it clear that the Attorney-General remains the Republic’s chief legal officer under Article 88 of the Constitution.

According to the court, the Attorney-General possesses the constitutional authority to discontinue criminal proceedings initiated by the OSP by entering a nolle prosequi, a legal procedure used to formally terminate criminal prosecutions.

The judgment therefore establishes that while the OSP can prosecute corruption cases independently, those proceedings remain subject to the Attorney-General’s ultimate constitutional supervisory authority.

Decision Resolves Long-Running Legal Dispute

The constitutional challenge arose after questions were raised over whether Parliament could lawfully grant independent prosecutorial powers to the Office of the Special Prosecutor.

The case gained national attention following an earlier High Court ruling that suggested the OSP could not prosecute criminal cases without authorization from the Attorney-General, casting uncertainty over several ongoing prosecutions.

By unanimously upholding the constitutionality of Act 959, the Supreme Court has now settled the legal debate and provided a definitive interpretation of the relationship between the two constitutional offices.

Implications for Ghana’s Anti-Corruption Agenda

Legal experts believe the judgment strikes a balance between institutional independence and constitutional accountability.

The decision preserves the OSP’s ability to independently investigate and prosecute corruption cases while ensuring that the Attorney-General retains the constitutional safeguards intended by the framers of the Constitution.

The ruling is also expected to strengthen investor confidence in Ghana’s legal system by clarifying the country’s anti-corruption enforcement framework and eliminating uncertainty surrounding the OSP’s prosecutorial mandate.

For anti-corruption advocates, the judgment represents a significant victory because it secures the continued existence and operational independence of one of Ghana’s most important accountability institutions.

The judgment provides a clear constitutional roadmap for future corruption prosecutions and is expected to shape Ghana’s anti-corruption efforts for years to come, ensuring that the Office of the Special Prosecutor continues its work within a framework that respects both institutional independence and constitutional authority.