Deputy Attorney General, Justice Srem-Sai, has stated that the legal challenges facing the Office of the Special Prosecutor (OSP) were long anticipated, stressing that only a constitutional amendment can grant the office full prosecutorial independence.

Speaking on Joy FM’s Super Morning Show, he explained that from the outset, many legal experts questioned whether an Act of Parliament alone could confer prosecutorial powers on the OSP without recourse to the Attorney General.

Only Supreme Court Can Invalidate Our Powers -OSP

“From the very day this idea was mooted by the previous government, every lawyer who understands constitutional law knew that the solution to this problem is a constitutional amendment,” he said.

His comments follow a ruling by an Accra High Court on April 15, 2026, which nullified ongoing prosecutions initiated by the OSP and directed that the cases be transferred to the Attorney-General’s Department.

The decision has reignited debate over the scope of the OSP’s mandate. Established under the Special Prosecutor Act, 2017 (Act 959), the office was designed to independently investigate and prosecute corruption-related offences.

However, concerns have persisted about whether its powers are consistent with the 1992 Constitution.

Dr Srem-Sai noted that Article 88 of the Constitution clearly vests prosecutorial authority in the Attorney General, making it difficult for any other body to exercise similar powers without explicit constitutional backing.

To support his position, he cited legal precedents, including the 2019 case of Republic v. Mohammed Shafic, where a defendant successfully challenged the prosecutorial authority of a state institution following changes in the law.

He added that such legal challenges are not unprecedented, noting that similar objections have succeeded in at least three cases in Ghana’s legal history.

According to him, these developments reinforce the need for constitutional reform if Ghana is to establish an independent prosecutorial body capable of effectively tackling corruption.

NA/VPO