'No inconsistency between OSP Act and Constitution' - Godfred Dame

Former Attorney General, Godfred Yeboah Dame, has asserted that during his tenure under the previous NPP government, he personally granted the Office of the Special Prosecutor (OSP) the authority to prosecute cases.

He countered claims that the office lacked legal authorisation.

Speaking on the Justice and Politics program on Joy News, Dame explained that Section 4 of the OSP Act (Act 959) clearly recognises the Attorney General’s authority to authorise prosecutions by the OSP, aligning with Article 88 of the Constitution.

“There is no inconsistency between the OSP Act and the Constitution. The Attorney General’s prerogative to authorise prosecutions is recognised, and the OSP can only prosecute with that authorisation,” he stated.

A report by myjoyonline.com on May 8, 2026, indicated that Dame clarified that the issue is one of law, not constitutional conflict.

He pointed to LI 2374—the Special Procedures (Prosecution) Regulations—which explicitly delegate prosecutorial authority to the Special Prosecutor.

“Even if the delegation were considered insufficient, all the Attorney General has to do is execute an instrument granting authority. That is a straightforward, five-minute function,” he added.

According to the former Attorney General, his tenure included instances where he personally executed executive instruments to empower individuals to prosecute cases on behalf of state agencies such as the Forestry Commission, the Environmental Protection Agency (EPA), and the OSP.

He argued that similar actions could easily be taken to enable the OSP to operate effectively.

Dame criticised what he described as a reluctance on the part of current authorities to grant the necessary authorisation to the OSP, suggesting this has led to judicial challenges aimed at undermining the office.

“The moral conclusion is clear: the unwillingness to execute the necessary authorisations shows a lack of interest in ensuring that the Special Prosecutor functions effectively and fights corruption,” he said.

He also expressed frustration that civil society and the media often rely on a single perspective when assessing government actions on corruption, stating that this can distort public understanding of the OSP’s mandate.

Dame’s remarks come amid ongoing debates over the OSP’s legal authority to independently prosecute cases.

In April 15, 2026, an Accra High Court ruled that the OSP cannot independently prosecute cases without the authorisation of the Attorney General.

A similar challenge is pending at the Supreme Court regarding the independence of the OSP to prosecute cases without the express authorisation of the Attorney General.

NAD/VPO

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