OSP gains half freedom

The Supreme Court in a unanimous decision has affirmed the prosecutorial powers of the Office of the Special Prosecutor (OSP).

The decision provides legality of the anti-corruption body’s establishment while ruling that the Attorney-General retains the constitutional authority to discontinue prosecutions initiated by the Office.

In a unanimous judgment delivered on Wednesday, July 29, 2026 the apex court held that the Office of the Special Prosecutor Act, 2017 (Act 959) is consistent with the 1992 Constitution and, therefore, remains valid.

The court, however, clarified that under Article 88 of the Constitution, the Attorney-General’s constitutional mandate includes the power to discontinue criminal prosecutions undertaken by the OSP, reinforcing the Attorney-General’s supervisory role in criminal prosecutions.

The case was brought by private legal practitioner Noah Adamtey, who argued that Parliament exceeded its constitutional authority by establishing the Office of the Special Prosecutor, with prosecutorial powers independent of the Attorney-General.

According to the plaintiff, Article 88 of the Constitution exclusively vests prosecutorial powers in the Attorney-General, and Parliament could not lawfully confer similar powers on another institution through ordinary legislation without first amending the Constitution.

During the proceedings, the Attorney-General supported that constitutional interpretation, arguing that although prosecutorial functions may be delegated, they must remain subject to the Attorney-General’s control and supervision rather than being exercised independently by an autonomous statutory body.

The Office of the Special Prosecutor subsequently sought to join the case as an interested party. However, the Supreme Court dismissed the application, holding that the constitutional issues raised could be adequately determined by the existing parties before the court.

The court nevertheless admitted several civil society organisations to participate in the proceedings, recognising their longstanding contributions to governance and anti-corruption advocacy.

In its ruling, the Supreme Court concluded that Parliament acted within its constitutional mandate in establishing the Office of the Special Prosecutor as an independent anti-corruption institution under Act 959.

While affirming the constitutionality of the OSP and preserving its legal foundation, the court emphasised that the Attorney-General’s constitutional powers remain intact, including the authority to discontinue prosecutions commenced by the Office.

 

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