The Supreme Court has unanimously ruled that the Office of the Special Prosecutor (OSP) has the constitutional authority to independently investigate and prosecute corruption-related offences.
The apex court in a unanimous judgment delivered on Wednesday, July 29, 2026, dismissed the challenge and upheld the constitutionality of the OSP Act.
However, the Supreme Court ruled that the Attorney General retains the constitutional authority to discontinue criminal prosecutions initiated by the OSP through a nolle prosequi.
It will be recalled that the Accra High Court ruled that the Office of the Special Prosecutor (OSP) has no authority to prosecute cases.
The High Court ruling stripped the Office of the Special Prosecutor (OSP) of its prosecutorial powers, handing them to the Attorney General (AG) to take over all criminal prosecutions.
On Wednesday, April 15, the High Court ruling was delivered, representing a significant development in Ghana’s legal and anti-corruption landscape.
Also, the court declared that all ongoing prosecutions initiated by the OSP are null and void, a decision that immediately halts multiple high-profile and ongoing cases being tried in various courts across the country.
Reports suggest the presiding judge, John Nyante Nyadu, further awarded costs of GH₵15,000 against the OSP, underscoring the Court’s position on the matter and the procedural concerns raised in the case.
Meanwhile, Martin Amidu, the former Special Prosecutor, has boldly stated that the Office of the Special Prosecutor (OSP) and the Attorney-General relationship under the Mahama government has broken down beyond repair.
The former Special Prosecutor warned that the breakdown between the OSP and the Attorney-General poses a serious threat to Ghana’s anti-corruption future.
Martin Amidu, in his lastest espitle, highlighted that the Attorney-General failed to file a defence within the stipulated time, only applying for an extension on April 8, 2026—four months after the suit was filed.
He highlighted that the Attorney-General’s response aligns with the plaintiff’s case rather than offering a neutral defence of the state.
“The Statement of the Defendant’s Case does not appear to me to objectively, neutrally and impartially present an ethical response to the Plaintiff’s Statement of Case that may assist the Supreme Court in the true tradition of the law as an officer of the Court in delivering justice,” he stated.
He further suggested that the posture taken by the Attorney-General could give the impression of a “collusive action,” raising ethical concerns about the conduct of the state in constitutional litigation.
However, Martin Amidu explained that the court’s decision was consistent with Article 88(5) of the Constitution, which mandates that civil proceedings against the state be instituted against the Attorney-General.
“The Supreme Court… is consistent with Article 88 (5) of the Constitution,” he said, dismissing claims that the ruling undermined adversarial justice.
“The proper thing… is to apply to the Supreme Court as an Interested Party to join the action and submit arguments,” he advised.
He added, “The relationship between the Special Prosecutor and the Attorney-General under this Government has broken down beyond repair,” he stated.
“At the end of the day, the Special Prosecutor and the Attorney-General cannot co-exist and cooperate.”
See the post below:
The Supreme Court has unanimously ruled that the Office of the Special Prosecutor (OSP) has the constitutional authority to independently investigate and prosecute corruption-related offences, while affirming that the Attorney-General retains the power to discontinue such… pic.twitter.com/OxqNOmkhRX
— UTV Ghana (@utvghana) July 29, 2026
@ghnow_ Preparations for the burial of Apostle Prof. Emeritus Kwadwo Safo Kantanka are underway despite a court injunction restraining the ceremony. Workers and family members were seen making final arrangements at the burial grounds as preparations continued, even though an Accra High Court has issued a 10-day interim injunction halting the scheduled burial and funeral rites pending the resolution of a family dispute over the implementation of the late inventor’s final wishes. #GHnow #fyp ♬ original sound – Kobe Boujee
@ghnow_ Preparations for the burial of Apostle Prof. Emeritus Kwadwo Safo Kantanka are underway despite a court injunction restraining the ceremony. #GHnow #fyp ♬ original sound – Kobe Boujee
