Supreme Court sets 7-day deadline in suit challenging creation of OSP

An Accra High Court has given the Attorney-General seven days to file its statement of case in a suit challenging the prosecutorial authority and legal basis of the Office of the Special Prosecutor (OSP).

The suit, initiated by private citizen Noah Adamtey, challenges Parliament’s authority to establish the OSP.

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According to a report by citinewsroom.com, during proceedings on Thursday, April 16, 2026, the court approved an application for extension after state counsel cited “unavoidable administrative constraints” as the reason for the delay.

The defendant has been ordered to file its statement of case within seven (7) days.

The petitioner, Noah Adamtey, was not present in court for the hearing.

Meanwhile, the Deputy Attorney-General, Justice Srem-Sai, has stated that the Attorney-General’s Department will comply with a High Court directive to assume control over all criminal prosecutions currently being handled by the Office of the Special Prosecutor (OSP).

The court subsequently directed the defendant to submit its statement of case within seven days.

Meanwhile, the Deputy Attorney-General, Dr Justice Srem-Sai, has indicated that the Attorney-General’s Department will comply with a High Court directive requiring it to take over all ongoing criminal prosecutions currently being handled by the OSP.

The court has ruled that the OSP does not have the independent authority to prosecute criminal cases, directing that all matters initiated by the anti-corruption body be referred to the Attorney-General’s Department.

The presiding judge, John Eugene Nyadu Nyante, held that although the OSP is empowered to investigate corruption-related offences, it lacks the constitutional mandate to independently initiate prosecutions.

The ruling was based on Article 88 of the 1992 Constitution, which vests prosecutorial authority in the Attorney-General.

JKB/BAI

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