Introduction

A landmark legal case has emerged in Ghana as a private citizen, Noah Adamtey, takes the Attorney General to the Supreme Court over the constitutionality of the Office of the Special Prosecutor (OSP). This lawsuit questions whether Parliament overstepped its constitutional boundaries by establishing an independent prosecutorial body outside the Attorney General’s control. The case, filed under suit number J1/3/2026, could have significant implications for Ghana’s legal framework and the balance of prosecutorial power.

Key Points

Background

The Office of the Special Prosecutor

The Office of the Special Prosecutor (OSP) was established by Act 959 of the Parliament of Ghana. The OSP is tasked with investigating and prosecuting cases of corruption and corruption-related offenses, particularly those involving public officers and politically exposed persons. The creation of the OSP was seen as a significant step in Ghana’s fight against corruption, providing a specialized body to handle high-profile cases.

Constitutional Framework

Under Ghana’s 1992 Constitution, the Attorney General is designated as the principal legal advisor to the government and the chief prosecutor. The Constitution grants the Attorney General the authority to initiate and conduct all prosecutions of criminal offenses. The establishment of the OSP, which operates independently of the Attorney General, raises questions about the constitutional distribution of prosecutorial powers.

Analysis

Legal Arguments

The plaintiff’s case hinges on the argument that Parliament lacks the constitutional authority to create an independent prosecutorial body. The lawsuit contends that the Attorney General’s office is the sole constitutional entity empowered to conduct prosecutions. By establishing the OSP with independent prosecutorial authority, Parliament allegedly infringed upon the constitutional mandate of the Attorney General.

Constitutional Interpretation

The case will likely revolve around the interpretation of Articles 88 and 89 of Ghana’s 1992 Constitution. Article 88 establishes the Attorney General as the principal legal advisor to the government and the chief prosecutor. Article 89 outlines the powers and functions of the Attorney General, including the authority to initiate and conduct prosecutions. The plaintiff’s argument suggests that these articles do not provide for the creation of independent prosecutorial bodies.

Potential Implications

If the Supreme Court rules in favor of the plaintiff, it could lead to the annulment of key provisions of Act 959, potentially dismantling the OSP or significantly altering its structure and authority. This ruling could have far-reaching consequences for Ghana’s anti-corruption efforts and the balance of power within the legal system. Conversely, a ruling in favor of the Attorney General could reaffirm Parliament’s authority to create specialized prosecutorial bodies.

Practical Advice

For Legal Professionals

Legal professionals should closely monitor the developments of this case, as it could set a significant precedent for the interpretation of constitutional provisions related to prosecutorial authority. Understanding the nuances of this case will be crucial for advising clients on matters related to constitutional law and prosecutorial powers.

For Citizens

Citizens interested in the outcome of this case should stay informed through reliable news sources and legal analyses. Engaging in informed discussions and understanding the potential implications of the court’s decision can contribute to a more informed and active citizenry.

For Policymakers

Policymakers should consider the potential outcomes of this case when drafting future legislation. Ensuring that new laws align with constitutional provisions and do not infringe upon the authority of existing constitutional bodies is essential for maintaining the integrity of the legal system.

Frequently Asked Questions

What is the Office of the Special Prosecutor (OSP)?

The Office of the Special Prosecutor is a specialized body established by Act 959 of the Parliament of Ghana. It is tasked with investigating and prosecuting cases of corruption and corruption-related offenses, particularly those involving public officers and politically exposed persons.

Who is challenging the legality of the OSP?

A private citizen named Noah Adamtey has filed a lawsuit against the Attorney General in Ghana’s Supreme Court, challenging the constitutionality of the OSP.

What are the grounds for the lawsuit?

The plaintiff argues that Parliament exceeded its constitutional mandate by creating an independent prosecutorial body outside the control of the Attorney General. The lawsuit contends that the Attorney General is the sole constitutional entity empowered to conduct prosecutions.

What is the potential impact of this case?

If the Supreme Court rules in favor of the plaintiff, it could lead to the annulment of key provisions of Act 959, potentially dismantling the OSP or significantly altering its structure and authority. This ruling could have far-reaching consequences for Ghana’s anti-corruption efforts and the balance of power within the legal system.

Conclusion

The lawsuit filed by Noah Adamtey against the Attorney General represents a significant legal challenge to the constitutionality of the Office of the Special Prosecutor. This case underscores the importance of constitutional interpretation and the balance of prosecutorial powers within Ghana’s legal framework. As the Supreme Court deliberates on this matter, the outcome will have profound implications for the country’s anti-corruption efforts and the distribution of legal authority. Staying informed and engaged with this case is crucial for legal professionals, citizens, and policymakers alike.

Sources

• Justice Srem-Sai. (2025, December 10). Twitter post. Retrieved from https://twitter.com/JusticeSremSai
• Constitution of the Republic of Ghana, 1992.
• Office of the Special Prosecutor Act, 2017 (Act 959).