Ghana Supreme Court upholds OSP Act
Analysis based on 12 articles · First reported Jul 29, 2026 · Last updated Jul 29, 2026
The ruling provides legal certainty for the OSP's operations, which may enhance investor confidence in Ghana's anti-corruption efforts. However, the retained power of the Attorney-General to discontinue prosecutions introduces a check on the OSP's independence, limiting potential market disruption from aggressive corruption probes.
On July 29, 2026, the Ghana — Supreme Court of Ghana unanimously dismissed a constitutional challenge to the Office of the Special Prosecutor (OSP) Act, 2017 (Act 959), filed by private legal practitioner Noah Ephraem Tetteh Adamtey. The court affirmed the constitutionality of the OSP as an independent anti-corruption institution with prosecutorial powers, but clarified that the Attorney-General retains the constitutional authority under Article 88 to discontinue prosecutions initiated by the OSP via nolle prosequi. The ruling overturned a prior High Court decision that had restricted the OSP's prosecutorial independence. The court declined the OSP's application to join as an interested party but allowed civil society organizations to participate. The decision provides judicial clarity on the relationship between the OSP and the Attorney-General, strengthening the legal foundation of Ghana's anti-corruption framework.
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