By Felix Cofie
Ghanaian Legal Practitioner, Enoch Anhwere Afoakwah, Esq. has announced his intention to file an application at the Supreme Court as amicus curiae, a “friend of the court” in a case that seeks to challenge the constitutionality of the Office of the Special Prosecutor (OSP).
According to him, he is stepping in “as an amicus humani generis” to help defend the OSP from attempts to abolish it, insisting that the country’s anti-corruption fight must be strengthened, not weakened.
His decision follows a suit filed by Noah Adamtey against the Attorney-General, currently before the Supreme Court under case number J1/3/2026.
Plaintiff’s Argument: OSP Is Unconstitutional
In the suit, the plaintiff contends that Parliament exceeded its authority when it passed Act 959, the law that established the Office of the Special Prosecutor.
He argues that:
• Parliament has no constitutional power to create an independent prosecutorial office that operates outside the control of the Attorney-General.
• The Constitution vests all prosecutorial authority exclusively in the Attorney-General, making any attempt to create an autonomous prosecutor inconsistent with Ghana’s legal framework.
What the Plaintiff Wants
The relief being sought includes:
• An order striking down provisions of Act 959 that give the OSP autonomous prosecutorial powers or shield the office from the Attorney-General’s constitutional supervision.
If granted, this ruling could effectively dismantle the OSP or severely limit its independence.
Lawyer Vows to Defend the OSP
In response, Afoakwah stated emphatically that the OSP must be protected from political or legal attempts to neutralize it.
He declared:
• “OSP should not be scrapped.”
• “Stay off the OSP.”
• “The home match will be competitive.”
The lawyer believes the OSP remains a critical institution in Ghana’s governance and accountability architecture, and any attempt to weaken it is an attempt to weaken the anti-corruption fight.
What Happens Next
Afoakwah’s application, once filed, will seek the court’s permission to present legal arguments supporting the constitutionality and continued independence of the OSP. The case is expected to draw significant national attention, given recent debates about the future, effectiveness, and relevance of the Special Prosecutor’s office.
The Supreme Court has not yet announced a hearing date.
