Amicus Curiae: See CSOs who have joined Supreme Court 'fight' to save OSP powers

A coalition of 12 civil society organisations has announced plans to join ongoing legal proceedings at the Supreme Court of Ghana as friends of the court, in a case that could redefine the powers of the Office of the Special Prosecutor (OSP).

The groups say they will file an amicus curiae brief in a suit involving Noah Adamtey, describing their intervention as necessary to defend the constitutional standing of the anti-corruption agency at a time they believe it faces significant legal threats.

According to the coalition, the matter goes beyond technical legal arguments and strikes at the heart of Ghana’s anti-corruption framework.

They argue that weakening the OSP’s prosecutorial authority could reverse progress made in tackling corruption and erode public confidence in state institutions.

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At a media briefing, members warned that curtailing the OSP’s mandate would undermine its independence, noting that the office was deliberately established under the Office of the Special Prosecutor Act, 2017 (Act 959) to investigate and prosecute corruption cases, particularly those involving politically exposed persons.

The intervention follows a controversial April 15, 2026 ruling by the Accra High Court, which held that the OSP lacks the authority to prosecute criminal cases independently without prior approval from the Attorney-General.

The court further directed that all ongoing prosecutions initiated by the OSP be transferred to the Attorney-General’s Department unless properly authorised.

The ruling, triggered by a suit filed by private citizen Peter Archibald Hyde, has sparked intense debate across legal, political, and civil society spaces.

Central to the dispute is whether the OSP’s prosecutorial mandate is consistent with Article 88 of the 1992 Constitution.

Reacting to the development, Kojo Asante of the Ghana Centre for Democratic Development called for efforts to strengthen rather than restrict the anti-corruption body.

“If there are concerns about legality, we have the constitutional review process to address them. What is the rush?” he questioned.

He added that many stakeholders had previously supported elevating the OSP into a constitutional body.

The coalition backing the intervention includes prominent organisations such as IMANI Africa, Transparency International Ghana, the Ghana Anti-Corruption Coalition, the Africa Centre for Energy Policy, and NORSAAC, among others.

Meanwhile, the OSP has rejected the High Court’s decision, describing it as legally flawed. The office maintains that only the Supreme Court has the authority to interpret constitutional provisions or invalidate an Act of Parliament and has initiated steps to challenge the ruling.

NA/VPO

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