The Supreme Court has unanimously upheld the constitutionality of the Office of the Special Prosecutor (OSP) Act, 2017 (Act 959), dismissing a suit that sought to invalidate key provisions establishing the Office and its prosecutorial powers.
In a unanimous decision delivered on Wednesday, the apex court ruled that Sections 3 and 4 of Act 959 are consistent with the 1992 Constitution and therefore remain valid.
The action was filed by legal officer Noah E. Adamtey, who challenged the constitutionality of the provisions.
Delivering its judgment, the court clarified that the Attorney-General retains the exclusive constitutional authority to undertake criminal prosecutions on behalf of the Republic.
However, it explained that the Attorney-General may lawfully authorise other persons or institutions, including the Office of the Special Prosecutor, to prosecute cases in the name of the Republic.
The court held that the OSP exercises its prosecutorial mandate under an authorisation granted by the Attorney-General in accordance with the law, and that such authorisation remains valid unless it is lawfully amended or withdrawn.
The Supreme Court further ruled that the Attorney-General retains the constitutional power to enter a nolle prosequi in criminal cases initiated by the Office of the Special Prosecutor.
Additionally, the court affirmed the validity of all prosecutions, convictions and freezing orders undertaken under Section 71 of Act 959, stressing that its decision does not affect the legality of actions taken by prosecutors duly authorised by the Attorney-General.
The ruling settles a significant constitutional challenge to the legal framework governing the Office of the Special Prosecutor and reinforces the continued validity of its prosecutorial functions under Ghanaian law.
