Legal Crisis Looms as High Court Limits OSP’s Powers, Sparking Constitutional Debate and Political Backlash

An April 15, 2026, High Court ruling has thrown Ghana’s anti-corruption framework into turmoil by declaring that the Office of the Special Prosecutor (OSP) lacks the independent authority to initiate criminal prosecutions without the Attorney-General's approval. This decision, arising from a judicial review initiated by Peter Archibald Hyde, effectively reassigns ongoing OSP cases to the Attorney-General’s Department pending formal authorization. The ruling has triggered a fierce constitutional debate, with the OSP rejecting the court's interpretation and vowing to challenge the decision at the Supreme Court via a writ of certiorari. Meanwhile, high-profile trials, including the GH¢280 million extortion and money laundering case against former National Petroleum Authority (NPA) CEO Mustapha Abdul-Hamid, have faced immediate procedural delays.

Deputy Attorney-General Justice Srem-Sai has defended the court's position, emphasizing that Article 88 of the 1992 Constitution vests all prosecutorial authority exclusively in the Attorney-General, rendering any conflicting provisions in the OSP Act (Act 959) subordinate. According to the state's legal team, the OSP is structurally linked to the Attorney-General and must seek consent for its prosecutions. This stance is supported by legal figures like Inusah Fuseini, who clarified that while the OSP was designed to be insulated from interference, it was never established to be fully independent of the Attorney-General’s office. Despite the High Court's directive, the Attorney-General's Department has announced it will pause the formal takeover of OSP cases until the Supreme Court provides a definitive ruling, seeking to maintain judicial hierarchy and avoid legal uncertainty.

The Minority in Parliament has reacted with sharp criticism, accusing the government of "constitutional betrayal" and an orchestrated attempt to dismantle the OSP to shield officials from accountability. Minority representatives, including Alhassan Tampuli and John Darku, argued that the OSP Act remains valid until the Supreme Court declares otherwise and questioned the motivations behind the recent legal challenges. They pointed to the OSP’s active investigation of over 130 cases as the primary reason for what they describe as a systematic effort to weaken the body. The Minority has further called for an inquiry into the Attorney-General’s role in the litigation and urged the President to clarify his position on the future of the anti-corruption agency.

As the legal battle moves to the Supreme Court, the future of Ghana's fight against high-level corruption remains in a state of flux. The Mustapha Abdul-Hamid trial is currently adjourned to May 26, 2026, reflecting the broader paralysis affecting several active dockets. Civil society organizations and legal analysts warn that the outcome of this constitutional dispute will determine whether the OSP can fulfill its mandate as an autonomous watchdog or if it will be relegated to a subsidiary of the Attorney-General’s office. The impending Supreme Court verdict is expected to be a landmark decision that will define the boundaries of prosecutorial power in Ghana for years to come.