By: Sarah Baafi
A renewed legal and constitutional debate has emerged in Ghana following discussions over a recent High Court decision concerning the prosecutorial powers of the Office of the Special Prosecutor (OSP), with calls mounting for the Supreme Court to provide final clarity on the matter.
Speaking on GTV, private legal practitioner Enoch Afoakwa weighed in on the implications of the ruling and its broader constitutional significance, particularly in relation to the Attorney General’s authority under Article 88 of the 1992 Constitution.
According to the lawyer, the Constitution vests prosecutorial authority in the Attorney General, although he noted that in practice, this power has often been exercised through delegation to specialized state institutions. He argued that the creation of bodies such as the Office of the Special Prosecutor was intended to strengthen the state’s ability to investigate and prosecute corruption-related offences independently and efficiently.
However, the recent judicial interpretation reportedly linked to proceedings at the High Court of Ghana has triggered controversy, with concerns that it may limit the OSP’s ability to independently prosecute cases without prior authorization from the Attorney General.
Enoch Afoakwa argued that the matter raises significant constitutional interpretation questions that should properly fall within the exclusive jurisdiction of the Supreme Court of Ghana. He maintained that where ambiguity exists regarding constitutional provisions, lower courts ought to refer such questions to the apex court for authoritative interpretation.
“It is a matter of constitutional interpretation,” he suggested, stressing that conflicting interpretations among legal practitioners further highlight the need for Supreme Court clarification to avoid uncertainty in the justice system.
He further expressed concern about the potential operational impact on ongoing prosecutions involving the OSP, warning that legal challenges could be raised in court to question the legitimacy of proceedings if the prosecutorial authority of the OSP is deemed restricted.
The lawyer also drew comparisons between the OSP and other specialized security and investigative agencies such as the Ghana Police Service and the Economic and Organised Crime Office (EOCO), noting that modern governance increasingly relies on specialized institutions to handle complex crimes including cybercrime, financial fraud, and corruption.
He cautioned, however, that excessive concentration of prosecutorial powers in a single institution could undermine efficiency and accountability, while also emphasizing that the OSP was created partly to address public concerns about political interference in prosecutions carried out solely by the Attorney General, who is a political appointee.
The discussion has reignited long-standing tensions over the mandate of the OSP, with some legal experts and political actors questioning whether its current structure aligns with constitutional provisions governing prosecutions in Ghana.
As debate continues, stakeholders are calling for urgent judicial or legislative clarification to resolve the overlapping mandates between the Attorney General’s Department and the Office of the Special Prosecutor, in order to prevent further legal uncertainty in ongoing and future corruption-related cases.
