Justice Srem-Sai, the Deputy Attorney General, has revealed that a private citizen has hauled the Office of the Attorney General to the Supreme Court, challenging the constitutionality of the Office of the Special Prosecutor (OSP).
The Deputy Attorney General highlighted that the suit was filed by Private legal practitioner Noah Adamtey.
In a social media post on December 10, 2025, the Deputy AG stated, “I can confirm that a citizen – @NoahAdamtey – has sued the Attorney-General in Supreme Court suit number J1/3/2026.
His grounds: Parliament has no power to set up an office of a prosecutor which is independent and outside the control of the Attorney-General.
His relief: An order striking down … the provisions of Act 959 that confer autonomous prosecutorial authority on the Office of the Special Prosecutor or insulate it from the Attorney-General’s constitutional control”, his post concluded.
Meanwhile, the lawsuit comes at a time when there are renewed calls for the OSP to be scrapped over claims the office has failed to deliver on its mandate.
However, President John Dramani Mahama has said it is premature for the closure of the Office of the Special Prosecutor (OSP).
During a courtesy visit by the National Peace Council, Mahama urged that the office be given more time to operate, whilst also encouraging the OSP to accelerate some of its investigations and demonstrate its continued relevance to the public.
Speaking during a meeting with the National Peace Council on Wednesday, December 10, 2025, explained, “I think it’s premature to call for the closure of that office. The unique thing about that office is it is the only anti-corruption agency that has prosecutorial powers to be able to prosecute themselves without going through the Attorney General and so people had mistrust for the Attorney General because the Attorney General normally is a member of government and is a Minister of State and so they believe that the Attorney General would be very reluctant to prosecute his own.
“But if there’s an independent office like the Office of the Special Prosecutor, it won’t matter who you are because they have security of tenure and they have prosecutorial powers whether you’re a member of government or you’re a member of a previous government or you are anybody who has misappropriated public funds, they have the law is behind them to be able to prosecute you”, he stated.
However, the Majority Leader, Mahama Ayariga and his Chief Whip, Rockson-Nelson Dafeamekpor, have drafted a private member’s bill to repeal the OSP Act and abolish the OSP.
The draft bill, however, is yet to be presented to Parliament for consideration.
Meanwhile, Alban Bagbin, the Speaker of Parliament, has said Ghana cannot continue to allocate huge sums to the Office of the Special Prosecutor (OSP) when the country is not getting the results.
According to Speaker Bagbin, the Office of the Special Prosecutor was created to prove a point that it was prepared to tackle corruption.
He further questioned the constitutional basis of the Office of the Special Prosecutor.
Speaking during a debate in Parliament on Thursday, November 4, 2024, Speaker Bagbin stated, “If you recall, during the deliberation on the OSP, a number of us stated on the floor of this House that it has no constitutional basis, but we wanted to signal to the world that we are going to fight corruption”.
“At the end of the day…we cannot continue to allocate huge sums to the same office when we are not getting the results. This is one of the agencies we should be looking at,” he remarked.
See the post below:
I can confirm that a citizen – @NoahAdamtey – has sued the Attorney-General in Supreme Court suit number J1/3/2026.
— Justice Srem-Sai (@JusticeSremSai) December 10, 2025
His grounds: Parliament has no power to set up an office of a prosecutor which is independent and outside the control of the Attorney-General.
His relief: An…