The Deputy Attorney-General says the Office of the Special Prosecutor (OSP) can still prosecute cases if it formally requests authorisation from the Attorney-General’s Department, as legal uncertainty continues over the agency’s independence.
Justice Srem Sai said the Attorney-General’s office remains willing to cooperate with the anti-corruption body despite ongoing debate over its constitutional mandate.
He argued that the dispute centres on interpretation of the OSP’s independence, with the anti-graft body maintaining it does not require approval from the Attorney-General to initiate prosecutions.
“Why not, why won’t we grant them the authorisation when they apply for it,” he said on Joy FM, rejecting suggestions of institutional conflict.
“The OSP says it is independent and doesn’t require authorisation. That is the issue at the centre,” Srem Sai added.
His comments come after an Accra High Court ruling on April 15, 2026, which held that the OSP cannot independently prosecute criminal cases without delegation from the Attorney-General under Article 88 of Ghana’s 1992 Constitution.
The court ordered that ongoing prosecutions handled by the OSP be transferred to the Attorney-General’s Department, a decision that has created uncertainty over several corruption-related cases.
The ruling followed a legal challenge filed by private citizen Peter Achibold Hyde.
A separate constitutional case is also before the Supreme Court, filed by Noah Ephraem Tetteh Adamtey, which is challenging the legality of the law establishing the OSP, the Office of the Special Prosecutor Act, 2017 (Act 959).
The Supreme Court has already ruled that the Attorney-General is the proper defendant in the case, while legal analysts say the outcome could define the future scope and independence of Ghana’s anti-corruption agency.
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