Supreme Court: OSP Can Probe Corruption but Cannot Independently Prosecute Without Attorney-General’s Authority
Ghana’s Supreme Court has ruled that the Office of the Special Prosecutor (OSP) does not have the constitutional authority to independently initiate criminal prosecutions, affirming that prosecutorial powers remain vested in the Attorney-General under Article 88 of the 1992 Constitution.
In its decision, the apex court held that the OSP’s prosecutorial functions do not violate the Constitution because they are exercised under authority delegated by the Attorney-General through the Office of the Special Prosecutor Regulations, 2018 (L.I. 2374).
The court explained that the Legislative Instrument provides the legal basis for the Attorney-General to delegate prosecutorial authority to the OSP, allowing the anti-corruption body to prosecute corruption and corruption-related offences.
However, the justices noted that while the OSP can investigate and prosecute cases under the delegated authority, the Attorney-General retains the constitutional power to discontinue any prosecution initiated by the OSP by entering a nolle prosequi.
The court further observed that although the existing Legislative Instrument should remain in force until Parliament amends the law, it does not confer an independent constitutional mandate on the OSP to commence prosecutions on its own.
Delivering the judgment, Presiding Judge Justice John Nyadu Nyante emphasized that the OSP is fully empowered to investigate corruption-related offences but lacks the constitutional authority to independently initiate criminal prosecutions without the Attorney-General’s delegated authority.
The ruling clarifies the constitutional relationship between the Attorney-General and the Office of the Special Prosecutor, reinforcing the Attorney-General’s exclusive prosecutorial powers while preserving the OSP’s role in fighting corruption through delegated authority.
