'Don't resign, relax and collect your pay' - Professor Prempeh to Special Prosecutor

The Executive Director of the Centre for Democratic Development, Ghana (CDD-Ghana), Prof Henry Kwasi Prempeh, has urged the Special Prosecutor, Kissi Agyebeng, not to resign following the stripping of the prosecutorial powers of the Office of the Special Prosecutor (OSP).

In a post shared on Facebook on April 15, 2026, the CDD boss, who chaired the Constitution Review Committee set up by President John Dramani Mahama, advised Kissi Agyebeng not to fight the ruling of the High Court.

He told him to stay quiet and draw his salary, since he now has no power to prosecute cases his office is investigating.

“Mr Special Prosecutor, please don't appeal, and don't resign o; don't! Don't even fight it in the media. Relax koraa. You and your staff should just sit tight and collect your pay and perks and spend your budget as planned, ok. That, too, counts as public service in 🇬🇭. Don't kill yourself over this! Country broke or no broke, we all dey inside--unequally, of course!” the CDD boss wrote.

Before this ruling, Prof Prempeh 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) by one Noah Tetteh.

In a post shared on Facebook on April 9, 2026, the CDD-Ghana boss 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.

Court rules OSP lacks authority to prosecute cases

The Deputy Attorney General and Minister of Justice, Justice Srem-Sai, had 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.

Prof Prempeh descends on Supreme Court, AG over suit against OSP

BAI

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