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Special Prosecutor Kissi Agyebeng has welcomed the Supreme Court’s unanimous decision affirming the constitutionality of the Office of the Special Prosecutor (OSP), describing the ruling as a significant boost to Ghana’s fight against corruption.
Speaking at a press briefing on Wednesday, August 26, Mr Agyebeng said the judgment had provided greater clarity on the mandate and operations of the OSP, as well as its constitutional relationship with the Attorney-General.
“We also salute the legal team of the Amicus Curiae. Every page of your legal brief was a delight and an eye-opener. And this is coming from a law lecturer. The Supreme Court decision should be celebrated,” he said.
According to the Special Prosecutor, the ruling has clarified how the Attorney-General and the OSP can operate within their respective constitutional mandates while strengthening the legal framework for tackling corruption.
“It has greatly strengthened the fight against corruption, and it is upon the decision of the Supreme Court that I declare a rebirth of the OSP,” he said.
Mr Agyebeng assured that the OSP would remain committed to investigating and prosecuting corruption-related offences and would not be intimidated by the challenges associated with its mandate.
“We will show no fear or favour. We will remain resolute in the lawful discharge of our mandate. We will rigorously investigate cases. We will vigorously prosecute cases where the evidence indicates wrongdoing. We will actively recover assets. We will take all necessary steps to prevent corruption,” he stated.
He also praised civil society organisations that participated in the proceedings, saying their involvement underscored the role of civic vigilance in protecting Ghana’s anti-corruption institutions.
“The OSP considers such civic vigilance essential to safeguarding Ghana’s anti-corruption architecture, institutional independence, and the rule of law,” he said.
Supreme Court Ruling
The Supreme Court on July 29 unanimously upheld the constitutionality of the Office of the Special Prosecutor Act, 2017 (Act 959), affirming the legal basis for the establishment and operations of the OSP.
The decision followed a constitutional challenge filed by private legal practitioner Noah Adamtey, who questioned whether the prosecutorial powers assigned to the OSP under Act 959 were consistent with the 1992 Constitution.
Mr Adamtey argued that Parliament had gone beyond its constitutional authority by creating an independent institution with prosecutorial powers. He relied on Article 88 of the Constitution, which assigns prosecutorial authority to the Attorney-General.
The Attorney-General supported the challenge, arguing that while prosecutorial powers could be delegated, such delegation remained subject to the Attorney-General’s supervision and could not be permanently transferred to an independent institution without a constitutional amendment.
The OSP had sought to join the case as an interested party, but the Supreme Court rejected the application, ruling that the constitutional issues could be resolved between the plaintiff and the Attorney-General.
Several civil society organisations were, however, permitted to participate in the proceedings because of their interest in advancing anti-corruption reforms.
While upholding the OSP Act, the Supreme Court also held that the Attorney-General retains, under Article 88 of the Constitution, the authority to discontinue a prosecution initiated by the OSP.
The ruling has consequently provided further clarity on the respective constitutional roles of the Attorney-General and the OSP in the exercise of prosecutorial powers.