The Executive Director of the Centre for Democratic Development, Ghana (CDD-Ghana), Henry Kwasi Prempeh, has called out the Supreme Court and the Office of the Attorney-General (AG) over its handling of a suit filed against the Office of the Special Prosecutor (OSP), Noah Tetteh.
In a post shared on Facebook on April 9, 2026, the CDD-Ghana boss, who chaired the Constitution Review Commission formed by President Mahama, was dumbfounded that the apex court of the land did not allow the OSP to file a defence in the matter.
He indicated that it was wrong for the court to allow the Attorney-General’s Office to represent the OSP in the matter because the AG’s Office is on the side of the plaintiff.
“So the Supreme Court of Ghana will not allow the ‘real party in interest,’ the OSP in this case, to defend against a lawsuit challenging the constitutionality of its statutory establishment and existence, but will allow the ‘nominal defendant’, the AG, whose position and interest in the suit is not adverse to that of the plaintiff, to file a purported defence that agrees with the position of the plaintiff.
“The Court is essentially privileging 'form over substance' and encouraging collusive suits or 'sham cases,' where, as in this case, the AG and the private plaintiff are, in both law and fact, on the same side of the matter. This is not how litigation or adjudication in the common-law tradition is supposed to work: the two sides to the suit must have truly adverse interests and positions and, thus, the incentive to plead and advance their rival legal positions with genuine zealousness, enabling the Court, as impartial referee, to have the best possible legal arguments from both sides to inform and determine its final decision in the case," he wrote.
He pointed out that it is unbelievable that the court would allow the Attorney-General’s Office, represented by the Deputy Attorney-General and Minister of Justice, to argue against the OSP without hearing its side.
“Refusing to allow the OSP to defend this suit filed by plaintiff Noah E. Tetteh and, instead, allowing the AG to come to court in the person of Deputy AG, Justice Srem-Sai, in the position of nominal defendant, to advance a position in agreement with the plaintiff’s, makes a mockery of our adversarial system of justice.
“Let the OSP defend this suit. The law is not an ass. Or maybe it is in Ghana,” he added.
During recent court proceedings on the matter, Justice Srem-Sai reportedly filed proposed arguments asking the Supreme Court to declare section 4(2) of the Office of the Special Prosecutor Act, 2017 (Act 959) unconstitutional and to strike it down to the extent of its unconstitutionality.
Section 4(2) of the Act requires the Attorney-General to authorise the Special Prosecutor (OSP) to initiate and conduct prosecutions of corruption and related offences.
According to a report by TheLawPlatform on Thursday, April 9, 2026, the Deputy AG in the proposed statement of case filed on Wednesday, April 8, 2026, noted that the OSP has, since 2018, "been investigating such allegations and suspicions, and prosecuting the offences that relate to them, even without such requisite authorisation by the Attorney-General."
The AG, in defence of his prosecutorial powers under Article 88 of the 1992 Constitution, argues that any prosecution by the State requires his authorisation, which Parliament cannot remove through ordinary legislation.
Dr Srem-Sai, representing the AG, shall argue that the Attorney-General can authorise natural persons to prosecute but not non-natural persons, as is provided under the OSP Act.
The AG shall, per the report, also seek Supreme Court declarations stating that: “a. That Parliament has, by ordinary legislation, varied the constitutional prosecutorial powers of the Attorney-General; and b. That, by so doing, Parliament has acted in excess of its powers.”
Deputy AG challenges OSP's jurisdictional bounds at the Supreme Court
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