The Office of the Special Prosecutor (OSP) has announced plans to challenge a High Court ruling that questioned its authority to independently prosecute criminal cases, setting up a fresh legal confrontation over the scope of its mandate.
The dispute follows a decision by the General Jurisdiction Division of the High Court in Accra, which held that while the anti-corruption body can investigate corruption-related offences, it does not have constitutional power to independently initiate prosecutions. The ruling referenced Article 88 of Ghana’s 1992 Constitution, which vests prosecutorial authority in the Attorney-General’s Department.
The case was triggered by an application for quo warranto filed by Peter Achibold Hyde, who challenged the legal foundation of the OSP’s prosecutorial powers.
In a swift reaction, the OSP, in a statement posted on its official Facebook page on Wednesday, April 15, described the ruling as flawed and insisted the court lacked the authority to make such a determination.
“The OSP states that it is taking steps to quickly overturn the decision of the General Jurisdiction Court since the High Court does not have jurisdiction to, in effect, strike down parts of an Act of Parliament as unconstitutional,” the statement said.
The office further argued that only the apex court has the power to make such constitutional interpretations.
“It is only the Supreme Court which can strike down parts of an Act of Parliament as unconstitutional,” the OSP emphasised.
According to the anti-graft body, its enabling law—the Office of the Special Prosecutor Act—clearly grants it both investigative and prosecutorial powers in relation to corruption-related offences. It warned that the ruling, if left to stand, could weaken ongoing efforts to combat corruption and disrupt accountability mechanisms.
The High Court decision, delivered by Justice John Eugene Nyadu Nyante, has already sparked legal debate over its implications for ongoing cases being handled by the OSP, with observers warning it could slow down or stall prosecutions pending further judicial clarity.
Complicating the matter is a separate constitutional case currently before the Supreme Court of Ghana, which also challenges the legality of the OSP’s prosecutorial mandate.
That case, filed by private citizen Noah Ephraem Tetteh Adamtey, is seeking a determination on whether Parliament acted within its constitutional limits in granting the OSP independent prosecutorial authority.
Notably, the Office of the Attorney-General has aligned itself with arguments questioning the legality of the OSP’s powers, stating in its submissions that provisions allowing the OSP to prosecute without the Attorney-General’s authorisation may conflict with Article 88 of the Constitution.
Legal analysts say the overlapping cases at both the High Court and Supreme Court levels could have significant implications for Ghana’s anti-corruption architecture and the future operational scope of the OSP.
For now, the OSP has confirmed it will pursue efforts to overturn the High Court ruling, paving the way for what is expected to be a major constitutional showdown over prosecutorial authority in Ghana.
