The Supreme Court has unanimously upheld the authority of the Office of the Special Prosecutor (OSP) to independently investigate and prosecute corruption-related offences, dismissing a legal challenge against the office’s powers.

The seven-member panel, chaired by Chief Justice Paul Baffoe-Bonnie, rejected a suit filed by private legal practitioner Noah Adamtey, who argued that prosecutorial authority was exclusively vested in the Attorney-General under Article 88 of the 1992 Constitution.

Mr Adamtey had sought to invalidate parts of the Office of the Special Prosecutor Act, 2017 (Act 959), particularly Sections 3(3) and 4, which empower the OSP to independently investigate and prosecute corruption and corruption-related cases.

However, the apex court dismissed the application, confirming that the Special Prosecutor has the legal mandate to prosecute cases without obtaining prior consent or approval from the Attorney-General.

The decision was delivered despite arguments from the Attorney-General’s Office, where Deputy Attorney-General Justice Srem-Sai maintained that prosecutorial powers should remain solely with the Attorney-General as provided by the Constitution.

The ruling has received support from civil society organisations, including Transparency International Ghana and IMANI Africa, which participated in the case in support of maintaining the independence of the OSP.

The judgment is expected to settle ongoing concerns about the office’s ability to independently pursue corruption cases before the courts.

The matter followed an earlier High Court decision that directed the OSP to obtain approval from the Attorney-General before initiating prosecutions. That ruling had affected some cases, including proceedings involving former minister Mustapha Hamid, while the Supreme Court considered the matter.

The Supreme Court’s decision also reinforces the position of Special Prosecutor Kissi Agyebeng, who has consistently argued that the OSP must operate independently in investigating and prosecuting corruption-related offences.

Following the ruling, the OSP can continue exercising its prosecutorial mandate without seeking clearance from the Attorney-General.