Supreme Court settles OSP independence row: AG retains prosecutorial authority

Ghana's Supreme Court has unanimously resolved a contentious constitutional dispute by confirming that the Attorney General retains ultimate supervisory authority over the Office of the Special Prosecutor (OSP), despite the anti-corruption body's operational independence. The ruling has significant implications for how Ghana's corruption-fighting machinery functions and where accountability ultimately lies.

Private legal practitioner Martin Kpebu, analysing the judgment on JoyNews, emphasised that the decision should not be understood as merely preserving the OSP's prosecutory powers. Rather, it clarifies that those powers are exercised under the constitutional umbrella of the Attorney General's authority. The Supreme Court's position is unambiguous: the Constitution vests prosecutorial power exclusively in the Attorney General, meaning the OSP operates as a delegated body within that framework.

What the ruling means in practice

The practical implications of this judgment are substantial. According to Kpebu's interpretation, the Attorney General can now intervene directly in OSP cases if circumstances warrant it. This means the AG can instruct the Office to discontinue or withdraw from any prosecution, and if the Special Prosecutor refuses such a directive, the Attorney General has recourse to court action to enforce compliance. This represents a clear hierarchical relationship rather than the complete independence the OSP previously claimed.

Kpebu highlighted that the Supreme Court's decision resolves a longstanding institutional tension. The original lawsuit was triggered precisely because the Special Prosecutor believed the office operated entirely independently of the Attorney General and refused to follow the AG's directives. The Court's ruling effectively ends that dispute by positioning the OSP as subject to constitutional supervision by the Attorney General.

Why it matters for Ghana's fight against corruption

This judgment carries significant weight for Ghana's anti-corruption efforts and institutional governance. The ruling provides a constitutional mechanism to address potential abuse of prosecutorial powers while maintaining the OSP's core function in tackling high-level corruption. Kpebu expressed confidence that Attorney General Dr Dominic Ayine would exercise this supervisory authority fairly when complaints arise against the Office.

For ordinary Ghanaians, the decision means there is now a clear recourse if the OSP appears to be misusing its prosecutorial powers. Rather than the office operating in an unsupervised vacuum, citizens and institutions can escalate concerns to the Attorney General, who bears constitutional responsibility for ensuring fair exercise of prosecutorial authority. This adds a layer of institutional accountability to the anti-corruption process.

The full written judgment is expected to provide further detail on the extent and nature of the Attorney General's supervisory powers, which could shape how future conflicts between the two bodies are handled. For now, the Supreme Court has established the constitutional hierarchy: the OSP remains a vital independent body in fighting corruption, but operates within the broader prosecutorial framework controlled by the Attorney General.