Here’s a bold statement: The Office of the Special Prosecutor (OSP) in Ghana might not be as independent as you think. And this is the part most people miss—its authority is ultimately tied to the Attorney-General (AG), whose constitutional powers are deeply rooted in Article 88 of the 1992 Constitution. Private legal practitioner Kwame Akuffo recently reignited this debate, arguing that the AG retains the constitutional authority to enter a nolle prosequi in cases prosecuted by the OSP. But here’s where it gets controversial: Akuffo insists the OSP’s independence isn’t absolute, despite its mandate to investigate and prosecute corruption cases autonomously.
Speaking on JoyNews’ Newsfile, Akuffo clarified that while the OSP was established to tackle corruption independently, its legal standing is subordinate to the AG’s prosecutorial powers. “The notion that the OSP operates entirely on its own, without the AG’s oversight, is legally flawed,” he explained. “The Constitution explicitly grants prosecutorial authority to the AG alone. You can’t transfer constitutional powers to a subsidiary body like the OSP through secondary legislation.”
This debate has resurfaced amid high-profile corruption cases and questions about whether the AG can halt OSP-initiated prosecutions via nolle prosequi. Akuffo, who initially criticized aspects of the OSP Act under former President Nana Akufo-Addo, maintains that attempts to delegate the AG’s powers without constitutional amendments are legally unsound. “You can’t carve out part of the Constitution and assign it to a third party through subordinate laws,” he emphasized.
While the OSP Act describes the office as independent, Akuffo argues this independence must align with, not supersede, the Constitution. He highlights the AG’s authority to issue fiats, supervise prosecutions, and intervene in matters like extradition as evidence of the AG’s superior constitutional role. “The OSP is a tool—an extension of the AG’s office, not its equal,” he stated.
Established in 2017 as part of Ghana’s anti-corruption framework, the OSP’s independence has been hailed as a shield against political interference. But here’s the question that sparks debate: Does the OSP’s constitutional subordination to the AG undermine its ability to act independently? Akuffo’s stance challenges the widely held belief that the OSP operates on equal footing with the AG. What do you think? Is the OSP truly independent, or is its authority inherently limited by the Constitution? Let’s hear your thoughts in the comments!
