A legal practitioner, Ace Kojo Anan Ankomah, has weighed in on the ongoing debate surrounding the prosecutorial powers of the Office of the Special Prosecutor (OSP), asserting that the institution’s authority is firmly grounded in Ghana’s legal and constitutional framework.

In a detailed commentary, Mr. Ankomah argued that the Constitution allows criminal prosecutions to be conducted “at the suit of the Attorney-General,” a provision he explained extends beyond merely initiating cases to include acting on behalf of the Attorney-General.

He noted that while the Attorney-General retains ultimate authority, Parliament has passed laws enabling the delegation of prosecutorial powers, provided such delegation is done in accordance with the law.

According to him, this requirement has been satisfied through the enactment of the OSP Act and supporting legislative instruments, including LI 2374, which he said explicitly empowers the OSP to determine whether to prosecute cases following investigations.

Mr. Ankomah further explained that the process leading to the establishment of the OSP—including nomination by the Attorney-General, appointment by the President, and approval by Parliament—provides multiple layers of legal and constitutional backing for the office’s mandate.

He argued that these frameworks make additional prosecutorial authorisation unnecessary, describing the OSP’s authority as well established under existing statutes and regulations.

The legal practitioner, however, acknowledged that the matter may ultimately be settled by the courts, suggesting that it is likely to be determined by the Supreme Court of Ghana.

He also proposed broader reforms, advocating for a constitutional amendment that would remove prosecutorial powers from the Executive and vest them in an independent body combining the functions of the Director of Public Prosecutions and the OSP.