An Accra High Court has ruled that the Office of the Special Prosecutor (OSP) does not possess independent authority to prosecute criminal cases, directing that all matters initiated by the anti-corruption body be referred to the Attorney-General’s Department.
The decision, delivered on Wednesday (April 15, 2026), has cast uncertainty over ongoing prosecutions being handled by the OSP, effectively placing them in abeyance pending further legal direction.
Presiding judge, Justice John Eugene Nyadu Nyante, held that while the OSP is mandated to investigate corruption-related offences, it lacks the constitutional authority to independently initiate prosecutions.
The court anchored its ruling on Article 88 of the 1992 Constitution, which vests prosecutorial power in the Attorney-General.
The decision followed a quo warranto application filed by Peter Achibold Hyde, who challenged the OSP’s legal authority to prosecute cases.
In its immediate response, the OSP strongly criticised the ruling, arguing that the High Court had exceeded its jurisdiction.
In a statement issued shortly after the decision, the anti-graft body indicated it had begun steps to challenge the ruling at the appropriate forum.
“The OSP states that it is taking steps to quickly overturn the decision of the General Jurisdiction Court since the High Court does not have jurisdiction to, in effect, strike down parts of an Act of Parliament as unconstitutional. It is only the Supreme Court which can strike down parts of an Act of Parliament as unconstitutional,” the OSP stated.
