The Office of the Attorney-General and Minister of Justice has mounted a legal challenge against the Office of the Special Prosecutor (OSP), seeking to strike down provisions of the OSP Act, 2017 (Act 959) that grant the agency independent prosecutorial authority.

In an affidavit filed at the Supreme Court of Ghana on April 8, 2026, in the case of Adamtey v. Attorney-General, the Attorney-General argues that the framework allowing the OSP to initiate criminal proceedings without express authorisation violates the 1992 Constitution.

At the centre of the dispute is Article 88 of the Constitution, which vests prosecutorial authority exclusively in the Attorney-General.

The case stems from a suit filed by private citizen Noah Ephraem Tetteh Adamtey, challenging the constitutionality of Act 959 and the operational independence of the OSP.

In his submission, the Deputy Attorney-General, Dr Srem Sai, is seeking a declaration that Section 4(2) of the OSP Act is unconstitutional and should be rendered null and void to the extent of its inconsistency with the Constitution.

Section 4(2) of the Act provides that the OSP is authorised by the Attorney-General to initiate and conduct prosecutions of corruption-related offences.

However, the Attorney-General contends that since its establishment in 2018, the OSP has been undertaking prosecutions without the requisite authorisation.

The Attorney-General’s legal team argues that Parliament exceeded its authority by enacting provisions that effectively compel the Attorney-General to delegate prosecutorial powers to a statutory body.

“The power to prosecute is a constitutional monopoly held by the Attorney-General,” the filing states, adding that any law granting such authority to another entity without direct supervision is unconstitutional.

The Attorney-General further maintains that all prosecutions undertaken on behalf of the state must be subject to his office’s authorisation and oversight.

If upheld, the case could significantly curtail the operational independence of the OSP, requiring it to obtain written approval from the Attorney-General before initiating prosecutions.

Legal analysts say such a ruling could have far-reaching implications, potentially affecting ongoing high-profile investigations and redefining the balance of power between constitutional offices and statutory anti-corruption bodies.

In a related development, the Supreme Court on January 27, 2026, dismissed an application by the OSP to join the case, siding with the Attorney-General’s argument that the agency was not a necessary party to the proceedings.

The case is expected to be a landmark ruling that will clarify the constitutional limits of Parliament and the scope of prosecutorial authority in Ghana.