A Ghanaian citizen, Noah Adamtey, has filed a suit at the Supreme Court challenging the legality of the Office of the Special Prosecutor (OSP), a development confirmed by the Deputy Attorney-General.
Filed under Suit No. J1/3/2026, the case argues that Parliament exceeded its constitutional mandate when it established an independent prosecutorial body through the Office of the Special Prosecutor Act, 2017 (Act 959).
Adamtey’s central claim is that the 1992 Constitution vests all prosecutorial authority exclusively in the Attorney-General, who is mandated under Articles 88(3) and 88(4) to “initiate and conduct all prosecutions of criminal offences.”
He contends that Parliament therefore lacks the authority to create another office with autonomous prosecutorial powers, particularly one that operates independently of the Attorney-General.
He further argues that the OSP has failed to build the institutional culture and public confidence required for its long-term legitimacy.
The suit asks the Supreme Court to declare unconstitutional and strike out portions of Act 959 that grant the OSP independent investigative and prosecutorial powers. Adamtey also wants any provisions that insulate the OSP from the Attorney-General’s oversight to be nullified.
The OSP was established in 2017 as part of efforts to strengthen the fight against corruption by creating a specialised, non-partisan prosecutor capable of handling complex and politically sensitive cases. Its creation followed longstanding concerns that the Attorney-General—being both a political appointee and the state’s chief prosecutor—may face conflicts of interest in pursuing cases involving government officials.
However, Adamtey argues that the OSP has not lived up to its mandate.
