Supreme Court declares OSP act constitutional and A-G retains authority to discontinue cases
The Supreme Court has unanimously ruled that the prosecutorial powers of the Office of the Special Prosecutor (OSP) do not violate Article 88 of the 1992 Constitution, which grants the Attorney-General (A-G) exclusive authority to initiate criminal proceedings in the name of the Republic.
The court held that the OSP’s authority to prosecute is derived from the Office of the Special Prosecutor (Operations) Regulations, 2018 (L.I. 2374), a legislative instrument issued under the authority of the Attorney-General. According to the court, this authorisation remains valid unless Parliament amends the regulations.
In its judgment delivered on Wednesday, July 29, 2026, the apex court affirmed that while the Attorney-General retains exclusive constitutional prosecutorial authority, the OSP is lawfully empowered to initiate and conduct prosecutions under the delegated authority provided by L.I. 2374. However, the Attorney-General retains the constitutional power to discontinue any prosecution initiated by the OSP by entering a nolle prosequi.
The court further ruled that Sections 3 and 4 of the Office of the Special Prosecutor Act, 2017 (Act 959), are consistent with the 1992 Constitution and are therefore valid. This rejected the argument by Legal Officer Noah E. Adamtey that the provisions were unconstitutional.
Additionally, the court held that all prosecutions, convictions and freezing orders secured by the OSP under Section 71 of Act 959 remain valid. It also clarified that nothing in its judgment undermines the authority of prosecutors who have been duly authorised by the Attorney-General.
The ruling overturns the legal uncertainty created by an Accra High Court decision in April 2026, which held that the OSP lacked independent prosecutorial powers. In that decision, Justice John Eugene Nyadu Nyante ruled that although the OSP could investigate corruption-related offences, it could not independently prosecute criminal cases and directed that such matters be referred to the Attorney-General’s Department.
The Supreme Court’s decision now confirms that the OSP can lawfully prosecute cases under the Attorney-General’s delegated authority, while reaffirming the Attorney-General’s ultimate constitutional control over criminal prosecutions conducted in the name of the Republic.
