'A very good day for accountability' — Prof Azar on Supreme Court ruling upholding OSP prosecutorial powers
Ghanaian legal scholar and social commentator Professor Stephen Kwaku Asare, popularly known as Kwaku Azar, has welcomed the Supreme Court’s decision affirming the prosecutorial powers of the Office of the Special Prosecutor (OSP).
The Supreme Court on Wednesday, July 29, unanimously dismissed a constitutional challenge against the OSP’s mandate, holding that the anti-corruption agency has the authority to initiate and prosecute criminal cases.
Reacting to the ruling in a social media post on the same day, Prof. Azar described the decision as a major boost for accountability efforts in Ghana.
"The Supreme Court unanimously declines invitation to cage the OSP. A very good day for accountability," the post read.
The case was filed by private legal practitioner Noah Adamtey, who challenged the constitutionality of the prosecutorial powers granted to the OSP under the Office of the Special Prosecutor Act, 2017 (Act 959).
Mr. Adamtey argued that Parliament exceeded its authority by creating an independent institution with prosecutorial powers, insisting that Article 88 of the 1992 Constitution vests such powers solely in the Attorney-General.
The Attorney-General supported the challenge, arguing that although prosecutorial powers could be delegated, such delegation must remain under the supervision and control of the Attorney-General and could not be permanently assigned to an independent body without a constitutional amendment.
However, in its unanimous judgment, the apex court upheld the legal basis for the establishment and operation of the OSP, affirming that the office has the authority to prosecute corruption-related offences.
The court, while recognising the OSP’s prosecutorial powers, also held that the Attorney-General retains the constitutional authority under Article 88 to enter a nolle prosequi and discontinue cases initiated by the OSP.
The Supreme Court’s decision overturns an earlier High Court ruling delivered on April 15 by Justice John Eugene Nyadu Nyante, which held that the OSP could not independently prosecute criminal cases without the approval of the Attorney-General.
The High Court had further directed that ongoing prosecutions initiated by the OSP be transferred to the Attorney-General until the legal framework was clarified.
The latest ruling settles the legal uncertainty surrounding the OSP’s prosecutorial mandate and reinforces its role as an independent institution in Ghana’s fight against corruption.