The Supreme Court has unanimously upheld the constitutionality of the Office of the Special Prosecutor (OSP) Act, affirming the legal foundation of Ghana’s independent anti‑corruption office.
In its ruling, however, the Court clarified that the Attorney General (AG) retains the constitutional authority to discontinue any prosecution initiated by the OSP. The decision reinforces the AG’s overarching prosecutorial powers under Ghana’s legal framework, even as it validates the OSP’s mandate to investigate and prosecute corruption‑related offences.
The judgment settles months of legal debate over the scope of the OSP’s independence, balancing the office’s role in advancing accountability with constitutional provisions that vest ultimate prosecutorial discretion in the Attorney General.
Legal analysts say the ruling is likely to shape the future of anti‑corruption prosecutions in Ghana, ensuring that while the OSP remains empowered to pursue cases, its actions remain subject to constitutional checks.
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