Supreme Court Affirms Office of the Special Prosecutor's Authority as Speaker Bagbin Sets July Deadline for Anti-LGBTQ Bill

30th July•3 min read•19 sources

In a landmark legal and political development, the Supreme Court of Ghana has upheld the constitutionality of the Office of the Special Prosecutor (OSP), ruling that its power to prosecute is valid under the delegated authority of the Attorney-General. The decision, arising from a suit filed by Noah E. Adamtey, clarifies that the OSP’s functions do not violate Article 88 of the 1992 Constitution, which grants the Attorney-General exclusive prosecutorial oversight. While the ruling ensures the OSP can continue its operations, it emphasizes that the Attorney-General retains the ultimate right to discontinue any prosecution initiated by the office. Private legal practitioner Martin Kpebu praised the verdict as a vital constitutional safeguard, noting that it prevents potential abuses of power by ensuring the OSP remains accountable to the executive’s chief legal officer.

On the legislative front, the Speaker of Parliament, Alban Bagbin, has provided a firm assurance to the National Chief Imam, Sheikh Osman Nuhu Sharubutu, regarding the Human Sexual Rights and Family Values Bill. Speaker Bagbin stated that the controversial 'Anti-LGBTQ Bill' will be reconsidered and passed before the parliamentary recess on July 31, 2026. The Speaker emphasized that while key sentencing provisions require review to ensure they align with legal standards, the passage of the bill should not be politicized, as it reflects the cultural and religious values of the Ghanaian people. This commitment comes amid ongoing national debate and international scrutiny regarding the bill's human rights implications.

In the judiciary, several high-profile cases have reached critical junctures. An Accra High Court dismissed an application by Faiza Seidu Wuni, wife of former National Food Buffer Stock Company (NAFCO) CEO Hanan Abdul-Wahab Aludiba, to travel abroad for her son’s medical treatment, citing a lack of evidence that the care was unavailable in Ghana. Both Aludiba and Wuni face charges of stealing and money laundering, with the trial set to continue in July 2026. Separately, the Adabraka District Court has remanded two suspects, Bright Aweh and Thomas Zigah, in connection with the murder of Immigration Officer Stephen King Amoah, pending a DNA report and formal advice from the Attorney-General’s Office. Meanwhile, the Commission on Human Rights and Administrative Justice (CHRAJ) has urged citizens to be more proactive in challenging rights violations, highlighting a successful case of a person with disabilities as proof that legal action can reform institutional practices.

National security and environmental enforcement also remain at the forefront of government activity. In the Ashanti Region, the Regional Security Council (REGSEC) has intensified its anti-galamsey operations, successfully impounding nine excavators in the Obuasi Municipality. Obuasi Municipal Chief Executive Faustilove Appiah Kannin has called for the designation of specific lands for community mining to provide legal alternatives to illegal activities. Concurrently, in the Northern Region, a massive security detail of 400 police personnel has been deployed to Yendi for the enskinment of the Kpampakuya Naa on July 31. This event, expected to be attended by President John Mahama, is being closely monitored to ensure peace following recent warnings from the Tema Police Command against chieftaincy-related violence and land guard activities across the country.

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Supreme Court Affirms Office of the Special Prosecutor's Authority as Speaker Bagbin Sets July Deadline for Anti-LGBTQ Bill

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