The Office of the Special Prosecutor (OSP) has no powers to prosecute criminal cases in Ghana, an Accra High Court has ruled, directing the Office to refer all matters initiated by the anti-graft agency to the Attorney-General’s Department.
The Wednesday, April 15, 2026 ruling delivered by the court has cast uncertainty over ongoing prosecutions being handled by the OSP, placing them effectively in abeyance pending further legal direction.
Justice John Eugene Nyadu Nyante, the presiding judge, held that although the OSP is empowered to investigate corruption-related offences, it lacks the constitutional mandate to independently initiate prosecutions.
According to the court, the verdict stems from Article 88 of the 1992 Constitution, which vests prosecutorial authority in the Attorney-General.
The decision followed an application for quo warranto by Peter Achibold Hyde, who challenged the legal authority of the OSP to undertake prosecutions.
In its immediate reaction, the OSP strongly criticised the ruling, arguing that the High Court had exceeded its jurisdiction.
The OSP in a statement released shortly after the verdict said it has commenced processes to challenge the ruling at the appropriate forum.
“The OSP states that it is taking steps to quickly overturn the decision of the General Jurisdiction Court since the High Court does not have jurisdiction to, in effect, strike down parts of an Act of Parliament as unconstitutional. It is only the Supreme Court which can strike down parts of an Act of Parliament as unconstitutional,” the OSP stated.
It is expected that the ruling triggers a significant legal debate over the scope of the OSP’s mandate, with the broader framework for prosecuting corruption-related offences in the country.
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