Deputy AG details why legal experts are 'unanimous' over OSP's powers

Deputy Attorney General and Deputy Minister of Justice, Justice Srem Sai, has defended the recent High Court ruling on the prosecutorial powers of the Office of the Special Prosecutor (OSP), arguing that only a constitutional amendment can grant the office full independence.

Speaking on The Law on JoyNews on April 19, 2026, he said the court’s decision that the OSP cannot exercise independent prosecutorial authority without approval from the Attorney-General is legally sound.

According to him, the issue hinges on Article 88 of the 1992 Constitution, which vests prosecutorial authority in the Attorney General.

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“I do not know any lawyer who believes that you could create an independent prosecutorial authority without amending Article 88 of the Constitution,” he stated.

Justice Srem Sai noted that there is broad consensus among legal practitioners, including individuals who have served in the OSP, that any attempt to establish an independent prosecutorial body must go through the formal constitutional amendment process.

“To create an independent prosecutorial authority in Ghana, you need to amend Article 88,” he stressed.

He explained that legislation alone, including the Office of the Special Prosecutor Act 2017, cannot override or alter constitutional provisions unless the laid-down amendment procedures are followed.

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Citing the High Court’s reasoning, he said Parliament did not demonstrate any intention to amend the Constitution when it passed the OSP Act, nor did it follow the required procedures for altering entrenched provisions.

“There is a step-by-step procedure prescribed by the Constitution for amendments, and that process was not followed,” he said.

He further referenced past rulings by the Supreme Court of Ghana, which have consistently held that constitutional provisions cannot be modified through ordinary legislation.

Justice Srem Sai also pointed to the legal phrase “subject to” within the constitutional framework, explaining that it reinforces the supremacy of the Constitution over statutory enactments.

“Whatever is done under legislation does not change what is in the Constitution,” he said.

He added that the judge’s conclusion aligns with established legal principles.

He maintained that ongoing constitutional review efforts, including work stemming from the Constitutional Review Commission, reflect a shared understanding that reforms must follow due process.

The Deputy Attorney General concluded that the ruling clarifies the legal position and emphasises the need for constitutional amendment if Ghana seeks to grant the OSP full prosecutorial independence.

VPO

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