A High Court in Accra has directed the Attorney-General to take over all ongoing cases being handled by the Office of the Special Prosecutor (OSP) until the office is granted legal backing to exercise prosecutorial powers.
The ruling follows legal questions surrounding the authority of the OSP to independently prosecute cases without explicit statutory backing under Ghana’s existing laws.
During proceedings on Wednesday, April 15, the court held that in the absence of clear prosecutorial powers, responsibility for such cases must revert to the Attorney-General, who is constitutionally mandated to initiate and conduct criminal prosecutions on behalf of the state.
The decision is expected to temporarily affect the operations of the OSP, particularly its ability to independently pursue corruption-related cases.
The Office of the Special Prosecutor was established to investigate and prosecute corruption and corruption-related offences, especially involving public officials, but its prosecutorial authority has been subject to ongoing legal debate.
With the directive, all pending OSP cases will now be handled by the Attorney-General’s Department until the necessary legal framework is put in place to grant the office full autonomy in prosecution.
The presiding judge, John Nyante Nyadu, also awarded costs of GH₵15,000 against the OSP, citing procedural concerns raised in the case.
