High Court OSP ruling a threat to Ghana's anti-corruption future - Amanda Clinton

Legal practitioner Amanda Clinton has described the High Court's decision to strip the Office of the Special Prosecutor of its prosecutorial powers as ‘a defining moment’ for Ghana's rule of law.

Responding to the ruling in an exclusive interview with GhanaWeb, Clinton acknowledged the court's jurisdiction over the matter but argued that conclusively determining the legality of an Act of Parliament remains the exclusive preserve of the Supreme Court.

"The power to conclusively determine the constitutionality of an Act of Parliament rests with the Supreme Court alone. This distinction is not technical; it is foundational.

“Where a ruling, in effect, limits or neutralises a statutory mandate created by Parliament, the question inevitably arises whether the issue has crossed from application of law into constitutional adjudication," she said.

Clinton warned that the development creates a level of uncertainty, noting that “where prosecutorial authority is uncertain, enforcement itself becomes uncertain.”

'If independence is stripped, effectiveness is compromised' - Amanda Clinton to OSP

Her comments follow the High Court's directive on April 15, 2026, ordering Attorney General Dr Dominic Akuritinga Ayine to take over all OSP cases until prosecutorial authorisation is formally granted, a ruling that places the OSP's active corruption prosecutions in a legal grey zone.

At the heart of the matter is Article 88 of the 1992 Constitution, which vests prosecutorial powers in the Attorney General.

Clinton acknowledged the provision's constitutional powers but questioned whether centralising that authority ensures coherence or simply creates a bottleneck, especially in cases involving politically exposed persons.

"Corruption cases often involve politically exposed persons; the Attorney General is both a Minister of State and a political appointee, the appearance — or risk — of conflict is not theoretical. The OSP was not created to replace the Attorney General, it was created to operate where the system is most vulnerable,” she added.

Her position is consistent with a stance she has maintained for some time.

Court rules OSP lacks authority to prosecute cases

In an earlier letter to the OSP on April 13, 2026, Amanda Clinton warned against subordinating the office, arguing that the Attorney General is both a Minister of State and a political appointee, and that subjecting the OSP to such control would turn every prosecution into a victim of "executive gatekeeping."

She urged the OSP to engage in what she described as "institutional assertion" publicly championing the constitutional importance of prosecutorial independence and framing the current struggle as one of national accountability rather than institutional rivalry.

Clinton concluded that letter by stating that the OSP's survival is "foundational to Ghana's rule of law" and essential to maintaining public trust in the justice system.

In her latest commentary, she also flagged what she described as a troubling pattern of “increasing legal resistance to enforcement, counter-litigation against legal practitioners, and public narratives recasting enforcement as overreach.”

"These are not isolated incidents. They form a pattern. When enforcement triggers retaliation, the system is being tested.

“The question is not who prosecutes — it is whether prosecution can occur without distortion. If prosecutorial authority becomes delayed by approval layers, vulnerable to political pressure, subject to selective activation, then the system may remain constitutionally sound, but functionally weakened," she said.

Clinton maintained that the ultimate resolution of the OSP's prosecutorial mandate must come from the highest court, not from conflicting rulings at lower levels.

“In moments like this, restraint matters. The courts must be allowed to speak. Institutions must be allowed to function. Arguments must be allowed to mature. But clarity must also be pursued,” she concluded.

ID/AE

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