Private legal practitioner, Kweku Paintsil, has strongly disagreed with an Accra High Court ruling which declared ongoing prosecutions by the Office of the Special Prosecutor (Office of the Special Prosecutor) null and void and directed that such cases be handled by the Attorney-General’s Department.
Speaking in an interview on Adom FM’s Dwaso Nsem, Mr. Paintsil argued that the decision raises serious constitutional and practical concerns about anti-corruption enforcement in Ghana.
He explained that under the Constitution, the Attorney-General is the state’s principal legal representative and is responsible for prosecutions, but stressed that the structure of government makes it difficult for the office to act independently in politically sensitive cases.
“Every country is governed by laws, and these laws dictate how things should be done and who should do what. The constitution spells out the role of the Attorney-General,” he said.
He noted that while the Attorney-General has constitutional authority over prosecutions, political realities can complicate enforcement when cases involve government appointees or party affiliates.
“When a government is in power, you cannot pretend it would be able to prosecute its own people and appointees, not because the power is not there, but because of affiliations,” he explained.
According to him, this challenge is what necessitated the establishment of the Office of the Special Prosecutor, created under the Special Prosecutor Act, 2017 (Act 959), to independently handle corruption-related prosecutions.
“That is why we thought it wise to set up a separate and independent body to handle these prosecutions. The OSP is necessary to our political and economic wellbeing,” he stated.
He cautioned that weakening the OSP’s prosecutorial independence could undermine the country’s anti-corruption efforts, insisting that reforms or amendments should be considered if legal gaps exist.
“If the law as it stands does not support the OSP’s prosecution powers, then we can amend it. But it does not make economic or political sense to strip it of that mandate,” he argued.
While acknowledging the High Court’s decision, he maintained that the ruling should not be the final word on the matter.
“I give the judge due respect for the decision, but I disagree with it. The OSP must have the power to prosecute without being subject to the Attorney-General’s fiat,” he stressed.
Paintsil also defended the Special Prosecutor, Kissi Agyebeng, describing him as human but warning against undermining the office based on individual performance.
The comments follow the High Court’s April 15, 2026 ruling which held that all ongoing prosecutions by the OSP are invalid and must be transferred to the Attorney-General’s office, sparking renewed debate over the scope of Ghana’s anti-corruption architecture.
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