Justice Abdulai says that OSP can become autonomous by working with AG

Justice Abdulai says that OSP can become autonomous by working with AG

Private legal practitioner Justice Abdulai has stated that the Office of the Special Prosecutor can achieve effective institutional autonomy through a respectful and cooperative working relationship with the Attorney General.

Speaking on The Big Issue on Saturday, August 1, 2026, Abdulai noted that while constitutional amendments offer the ideal path to guarantee independent prosecutorial authority, close administrative collaboration remains the most practical way forward under Ghana’s current legal framework.

His comments follow a landmark Supreme Court decision upholding the constitutionality of the Office of the Special Prosecutor Act of 2017. Private legal practitioner Noah Adamtey filed the original constitutional challenge, arguing that Parliament exceeded its powers by granting independent prosecutorial functions to the OSP.

The apex court dismissed the suit and affirmed the authority of the OSP to investigate and prosecute corruption offenses involving public officials and politically exposed persons. However, the justices clarified that Article 88 of the 1992 Constitution still reserves ultimate prosecutorial control with the Attorney General, including the power to take over or discontinue criminal cases.

Abdulai stressed that fostering mutual respect between both legal institutions creates functional operational freedom for the Special Prosecutor. He added that strategic cooperation allows the state to fight public sector corruption aggressively without constantly triggering constitutional battles over prosecutorial jurisdiction.

Also Read: Supreme Court Confirms OSP Can Prosecute With AG Approval

By Ghana News

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