Former Special Prosecutor Martin Amidu (L) has called out Professor Henry Kwasi Prempeh (R)
Former Special Prosecutor Martin Amidu has taken a swipe at the Executive Director of the Ghana Centre for Democratic Development (CDD-Ghana), Professor Henry Kwasi Prempeh, over the ongoing controversy surrounding the powers of the Office of the Special Prosecutor (OSP).
In a statement sighted by GhanaWeb, Martin Amidu criticised Professor Prempeh’s comments on the Supreme Court after it ruled that the Office of the Special Prosecutor cannot join a suit filed against it because the Office of the Attorney-General is already defending it.
He argued that the CDD-Ghana boss, who also served as Chairman of the Constitution Review Committee set up by President John Dramani Mahama, should have had a better understanding of the legal issues, given his alleged role in the drafting of the law establishing the OSP.
“Mr. H. Kwasi Prempeh, the Executive Director of the Centre for Democratic Development (CDD-Ghana), who played a central role with President Akufo-Addo and his Attorney-General, Ms. Gloria Akuffo, in the drafting and submission of the Office of the Special Prosecutor Bill, 2017 to Parliament for enactment and assent into law as Act 959, now blames the Supreme Court for complying with the mandatory terms of Article 88(5) of the Constitution in refusing the joinder application by the OSP,” he said.
Article 88(5) of the 1992 Constitution states that “all civil proceedings against the State shall be instituted against the Attorney-General as defendant.” The Supreme Court’s unanimous decision dated April 9, 2026, refusing the OSP’s application for joinder, Amidu noted, is consistent with that provision.
The former Special Prosecutor insisted that the ruling was correct because, under current law, only the Attorney-General can represent a state agency in legal proceedings brought against it.
He further argued that criticism of the ruling was based on a misunderstanding of the law, adding that nothing under adversarial justice prevents the Attorney-General from admitting aspects of a plaintiff’s case, however controversial that may be.
Martin Amidu, who is also a former Attorney-General and Minister for Justice, further questioned Professor Prempeh’s legal standing.
“Mr. H. Kwasi Prempeh is not qualified to hold himself out as a person qualified to practise law in Ghana, let alone to qualify for appointment to any court in Ghana, and should not behave as though he understands the constitutional law of Ghana and the rules of practice of the Supreme Court of Ghana better than the Chief Justice and the other justices,” he stated.
He added that disagreement with legal processes should be pursued through proper channels.
“The proper thing for any person who disagrees is to apply to the Supreme Court as an interested party and submit arguments on the constitutionality of Act 959,” he said.
Prof Prempeh descends on Supreme Court, AG over suit against OSP
What Professor Prempeh said:
The Executive Director of the Centre for Democratic Development 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), Noah Tetteh.
In a post shared on Facebook on April 9, 2026, the CDD-Ghana boss, who chaired the Constitution Review Commission formed by President Mahama, 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.
“So the Supreme Court of Ghana will not allow the ‘real party in interest, the OSP in this case, to defend against a lawsuit challenging the constitutionality of its statutory establishment and existence, but will allow the ‘nominal defendant’, the AG, whose position and interest in the suit is not adverse to that of the plaintiff, to file a purported defence that agrees with the position of the plaintiff,” he said.
He pointed out that it is unbelievable that the court would allow the Attorney-General’s Office, represented by the Deputy Attorney-General and Minister of Justice, to argue against the OSP without hearing its side.
“Refusing to allow the OSP to defend this suit filed by plaintiff Noah E. Tetteh and, instead, allowing the AG to come to court in the person of Deputy AG, Justice Srem-Sai, in the position of nominal defendant, to advance a position in agreement with the plaintiff’s, makes a mockery of our adversarial system of justice.
“Let the OSP defend this suit. The law is not an ass. Or maybe it is in Ghana,” he added.
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