The Supreme Court has unanimously dismissed a lawsuit challenging the independent prosecutorial powers of the Office of the Special Prosecutor (OSP), affirming the constitutionality of the Office of the Special Prosecutor Act, 2017 (Act 959).
In its judgment delivered on Wednesday, July 29, 2026, the apex court ruled that Parliament acted within its constitutional mandate when it granted the OSP the authority to initiate and conduct prosecutions independently.
The decision overturns arguments that the Special Prosecutor must obtain written authorisation from the Attorney-General before prosecuting criminal cases, effectively rejecting an earlier High Court ruling that had questioned the office’s prosecutorial autonomy.
The suit, filed by private citizen Noah Adamtey, sought a declaration that the OSP’s prosecutorial powers should be subject to the direct supervision and approval of the Attorney-General.
However, the Supreme Court dismissed the challenge, holding that the legal framework establishing the Office of the Special Prosecutor is consistent with the Constitution.
