The Supreme Court has admitted 14 civil society organisations (CSOs) to join an ongoing constitutional challenge against the Office of the Special Prosecutor (OSP), in a case that could have far-reaching implications for Ghana’s anti-corruption framework.
The application forms part of the case Adamtey v Attorney-General, filed by private citizen Noah Adamtey, which questions whether certain aspects of the establishment and powers of the Office of the Special Prosecutor are consistent with the 1992 Constitution.
A seven-member panel of the Supreme Court, presided over by Chief Justice Paul Baffoe-Bonnie, granted the motion after counsel for the applicants, Kizito Beyuo, argued that the CSOs possess relevant expertise and institutional experience in governance, transparency, and anti-corruption advocacy that would assist the court in determining the issues in dispute.
The Deputy Attorney-General, Dr Justice Srem-Sai, did not oppose the application. The court subsequently granted the CSOs 14 days to file their processes.
CSOs with longstanding anti-corruption track record
The organisations admitted into the case include the Ghana Centre for Democratic Development (CDD-Ghana), Transparency International Ghana, Ghana Anti-Corruption Coalition, IMANI Africa, Democracy Hub, STAR-Ghana Foundation, NORSAAC, Penplusbytes, the Africa Centre for Energy Policy (ACEP), Odekro, A Rocha Ghana, Parliamentary Network Africa, One Ghana Movement, and Africa Education Watch.
Counsel for the CSOs argued that many of these organisations played key roles in Ghana’s governance and anti-corruption reforms, including advocacy that contributed to the establishment and strengthening of accountability institutions such as the Office of the Special Prosecutor.
They further contended that the outcome of the case could significantly affect Ghana’s broader anti-corruption architecture and institutional independence.
Core constitutional questions over OSP’s mandate
The substantive suit challenges the legal and constitutional foundation of the Office of the Special Prosecutor, created under the Office of the Special Prosecutor Act, 2017 (Act 959).
The plaintiff is asking the court to determine whether aspects of the OSP’s establishment, structure, and operational powers align with provisions of the 1992 Constitution.
The OSP, established as an independent anti-corruption body, investigates and prosecutes corruption and corruption-related offences, particularly involving public officials and politically exposed persons. Since its creation, it has handled several high-profile investigations, making it one of Ghana’s most prominent accountability institutions.
Wider implications
The Supreme Court’s decision to admit the CSOs is likely to broaden both the legal arguments and public interest dimension of the case. Many of the organisations involved have consistently advocated stronger institutional accountability and anti-corruption enforcement in Ghana.
The court’s final determination is expected to set a significant precedent on the scope of independence and constitutional legitimacy of key governance institutions in the country.
