By Zobia Zulfqar 
The Supreme Court has unanimously ruled that the Office of the Special Prosecutor (OSP) has the constitutional authority to prosecute criminal cases, provided it acts with the authorisation of the Attorney-General. The landmark decision settles a long running legal dispute over the prosecutorial powers of the anti corruption agency and clarifies its role under Ghana’s 1992 Constitution.
The judgment was delivered by a seven member panel of the Supreme Court chaired by Chief Justice Paul Baffoe Bonnie. The Court held that while the Attorney-General retains the exclusive constitutional mandate to conduct criminal prosecutions under Article 88 of the Constitution, the OSP may prosecute cases on the Attorney-General’s behalf when proper authorisation has been granted.
According to the Court, no institution or individual may independently exercise prosecutorial powers outside the constitutional authority of the Attorney-General. The ruling reinforces the Attorney-General’s central role in Ghana’s criminal justice system while recognising that statutory bodies such as the OSP can perform prosecutorial functions within the limits established by law.
The Court further ruled that the Office of the Special Prosecutor Act is fully consistent with the Constitution and therefore remains valid. It rejected arguments that the legislation unlawfully granted prosecutorial powers to the OSP and concluded that the Act does not conflict with Article 88 when interpreted together with the Attorney-General’s supervisory authority.
In its decision, the Supreme Court explained that the Office of the Special Prosecutor is permitted to prosecute criminal cases under the constitutional framework, provided the required authorisation exists. The Court also confirmed that the Attorney-General retains the constitutional authority to enter a nolle prosequi in criminal proceedings initiated by the OSP, bringing such prosecutions to an end where necessary.
The ruling also protects the legal status of previous actions taken by the Office of the Special Prosecutor since its establishment. The Court held that prosecutions instituted, arrests carried out, as well as seizures and confiscations undertaken by the Office remain legally valid and are not affected by the constitutional challenge.
The decision overturns a High Court ruling delivered in April 2026, which held that the OSP lacked the constitutional authority to prosecute criminal cases independently. In that earlier judgment, the High Court directed that criminal matters initiated by the Office should be referred to the Attorney-General and concluded that the OSP had not demonstrated the required authorisation to prosecute cases.
The High Court had further ruled that attempts by the Special Prosecutor to prosecute corruption related offences without clear authorisation from the Attorney-General were inconsistent with the Constitution. That judgment raised significant legal uncertainty regarding the powers of the Office and the future of ongoing corruption prosecutions.
The Supreme Court’s decision removes that uncertainty by providing authoritative guidance on the constitutional relationship between the Attorney-General and the Office of the Special Prosecutor. Legal observers say the judgment strengthens the institutional framework for fighting corruption while ensuring that constitutional safeguards governing criminal prosecutions remain intact.
The Office of the Special Prosecutor was established to investigate and prosecute corruption and corruption related offences involving public officials and other persons. Since its creation, the Office has handled several high profile investigations and prosecutions aimed at improving accountability and strengthening public confidence in Ghana’s anti corruption efforts.
The Supreme Court’s ruling is expected to have important implications for future criminal proceedings involving the OSP. By confirming that prosecutions may continue with the Attorney-General’s authorisation, the judgment provides greater legal certainty for ongoing investigations and future cases brought before the courts.
Constitutional lawyers believe the decision also clarifies the balance between institutional independence and constitutional accountability. While the Office of the Special Prosecutor maintains operational independence in carrying out investigations, its prosecutorial authority remains linked to the constitutional powers assigned to the Attorney-General.
The ruling is expected to serve as an important legal precedent in future constitutional cases involving prosecutorial powers and the functions of independent state institutions. It also provides guidance for lawmakers, prosecutors and public officials on how anti corruption laws should be applied within Ghana’s constitutional framework.
With the constitutional dispute now resolved by the country’s highest court, the Office of the Special Prosecutor is expected to continue its anti corruption mandate under the legal framework affirmed by the Supreme Court, while operating in accordance with the constitutional authority vested in the Attorney-General.
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