AG can discontinue OSP prosecutions through nolle prosequi - Supreme Court

The Supreme Court has unanimously ruled that the Attorney General retains the constitutional authority to enter a nolle prosequi in cases initiated by the Office of the Special Prosecutor (OSP), clarifying the extent of the anti-corruption body’s prosecutorial independence.

The ruling delivered by the apex court on July 29, 2026, settles a constitutional dispute over the prosecutorial powers of the OSP and clarifies the relationship between the anti-corruption agency and the Attorney General's office.

The apex court, while upholding the constitutionality of the OSP Act, 2017 (Act 959), held that the Attorney General remains the ultimate authority over criminal prosecutions conducted in the name of the Republic.

The court explained that although the OSP has authorisation to initiate and conduct prosecutions, that authority exists under the constitutional framework that places prosecutorial responsibility in the hands of the Attorney General.

The ruling means the Attorney General can discontinue criminal proceedings brought by the OSP by entering a nolle prosequi, a formal notice that the state no longer wishes to continue a prosecution.

The Supreme Court, however, maintained that existing prosecutions, convictions, and freezing orders obtained under the OSP Act remain valid.

The case arose from a constitutional challenge filed by private legal practitioner Noah Adamtey against the prosecutorial powers of OSP.

Adamtey argued that the establishment of the OSP with powers to investigate and prosecute corruption-related offences under the Office of the Special Prosecutor Act, 2017 (Act 959) was inconsistent with Ghana’s 1992 Constitution.

His argument was based on Article 88 of the Constitution, which vests prosecutorial authority in the Attorney General

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He contended that Parliament could not, through ordinary legislation, create another institution with independent powers to prosecute criminal cases in the name of the Republic.

The OSP was established in 2018 as a specialised independent anti-corruption agency mandated to investigate and prosecute corruption-related offences, recover proceeds of corruption, and prevent corruption and corruption-related activities.

JKB/VPO

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