Nii Ayikoi Otoo details limits of OSP prosecutorial authority

Former Attorney General and Minister of Justice, Nii Ayikoi Otoo, has weighed in on the legal limits of prosecutorial authority, stressing the importance of proper authorisation from the Attorney General or valid executive instruments before certain bodies can lawfully prosecute cases.

Reacting to an Accra High Court ruling that the Office of the Special Prosecutor (OSP) does not have independent authority to prosecute criminal cases, he explained in an interview on JoyNews, monitored by GhanaWeb on April 15, 2026, that Ghana’s legal system does provide space for multiple institutions beyond the Attorney General’s office to undertake prosecutions.

He cited examples within the security services, noting that police prosecutors operate across the country but only do so under specific legal backing.

Court rules OSP lacks authority to prosecute cases

“There are so many police prosecutors everywhere who prosecute. But there’s an executive instrument that permits them to do that. Once you give them the executive authorisation, they can do it. And it appears that maybe the OSP was not able to produce any authorisation,” he noted.

Ayikoi Otoo stressed that once such executive authorisation is issued, those institutions are empowered to act within the law.

The comments follow an Accra High Court ruling that the OSP does not have independent authority to prosecute criminal cases, directing that all matters initiated by the anti-corruption body be referred to the Attorney General’s Department.

JKB/MA