Ghana Supreme Court Upholds OSP Prosecutorial Powers Amid AG Discretion

• The Supreme Court ruled on July 29, 2026, that the Office of the Special Prosecutor (OSP) has prosecutorial powers under the Constitution.
• The Attorney-General (AG) retains the authority to discontinue any prosecution initiated by the OSP through a nolle prosequi.
• The ruling provides clarity on the scope of the AG's powers and the OSP's prosecutorial authority, overturning an earlier High Court decision.
• Lawyers should watch for the implications of this ruling on future prosecutions, particularly those initiated by the OSP.

The court held that the OSP indeed possesses such powers under the Constitution, but also clarified that the Attorney-General (AG) retains the authority to discontinue any prosecution initiated by the OSP through a nolle prosequi.

The Supreme Court of Ghana delivered a landmark ruling on July 29, 2026, regarding the Office of the Special Prosecutor's (OSP) prosecutorial powers. The court held that the OSP indeed possesses such powers under the Constitution, but also clarified that the Attorney-General (AG) retains the authority to discontinue any prosecution initiated by the OSP through a nolle prosequi. This decision has significant implications for future prosecutions in Ghana.

The ruling was made in response to a petition filed by a private legal practitioner challenging the OSP's powers, and it overturned an earlier High Court ruling from April 2026. The court's judgment is expected to provide much-needed guidance to the OSP and other stakeholders involved in the administration of justice.

The Constitution of Ghana grants the Attorney-General (AG) the authority to discontinue any prosecution initiated by the OSP through a nolle prosequi. This provision has been a subject of debate, with some arguing that it undermines the independence of the OSP. The Supreme Court's ruling has now clarified the scope of the AG's powers and the OSP's prosecutorial authority, affirming that the OSP can prosecute under the Attorney-General's authorization.

The court's decision is also significant in light of recent developments in Ghana's justice system. The introduction of the OSP was aimed at enhancing accountability and transparency in the administration of justice. However, the AG's continued discretion to discontinue prosecutions raises concerns about the effectiveness of this new institution, though the Supreme Court's decision preserves the OSP's role while upholding the AG's constitutional oversight.

The Supreme Court's ruling has far-reaching implications for the administration of justice in Ghana. The decision provides clarity on the OSP's powers and responsibilities, but also highlights the need for a more robust framework to ensure accountability and transparency.

Lawyers and stakeholders should take note of this ruling, particularly those involved in future prosecutions initiated by the OSP. The court's clarification of the AG's authority to discontinue prosecutions through a nolle prosequi is crucial in advising clients on their rights and obligations.

Lawyers should watch for the implications of this ruling on future prosecutions, particularly those initiated by the OSP, and advise clients accordingly.

Source: Original reporting via Ghanaian Times