Dr Kwaku Ansa-Asare is former Director of the Ghana School of Law
Former Director of the Ghana School of Law, Dr Kwaku Ansa-Asare, has stated that the Office of the Special Prosecutor (OSP) does not possess independent prosecutorial authority, stressing that such powers are vested solely in the Office of the Attorney General.
His comments follow a ruling by an Accra High Court on Wednesday, April 15, 2026, which held that the OSP lacks independent prosecutorial powers and stressed that all criminal cases initiated by the office be transferred to the Attorney General.
The court emphasised that while the OSP has the mandate to investigate alleged corruption-related offences, only the Attorney General has the constitutional authority to prosecute under Article 88 of the 1992 Constitution.
Speaking on JoyNews and monitored by GhanaWeb, on April 15, 2026, Dr Ansa-Asare explained that the distinction lies in the legal foundations of the two institutions.
“You know, it’s a matter of surprise that we can create a body by statute and try to equate it with the Office of the Attorney General, which is a creature of the Constitution,” he said.
Court rules OSP lacks authority to prosecute cases
He further underscored that the Attorney General’s prosecutorial authority is constitutionally entrenched, unlike that of the OSP.
“The OSP is a creature of statute, while the Office of the Attorney General is established under Article 88 of the 1992 Constitution. After all is said and done, it is the Attorney General in whom the authority to prosecute resides,” he stressed.
His remarks add to ongoing debate over the scope of the Special Prosecutor’s mandate and whether legal reforms are needed to strengthen its independence in the fight against corruption.
OSP lacks independent prosecutorial powers: It is the Attorney General in whom resides in the authority to prosecute - Dr. Kwaku Ansa-Asare, Former Director, Ghana School of Law.
— JoyNews (@JoyNewsOnTV) April 15, 2026
Watch full interview here: https://t.co/iKsWlgKWFl#ThePulse #JoyNews pic.twitter.com/Eh2HN9FadX
Copyright © 1994 - 2026 GhanaWeb. All rights reserved.
