The Members of Parliament for Bawku Central and South Dayi, Mahama Ayariga and Rockson-Nelson Dafeamekpor, have jointly introduced the Office of the Special Prosecutor (Repeal) Bill, 2025, which seeks to dissolve the Office of the Special Prosecutor (OSP) and return all prosecutorial authority to the Attorney General.

In a memorandum dated December 8, 2025, accompanying the Bill, the MPs say the OSP has, in practice, created duplication of prosecutorial functions, resulting in friction between the OSP and the Attorney General, overlapping mandates, and delays in handling corruption-related cases.

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“…operational experience since the establishment of the Office of the Special Prosecutor has revealed persistent challenges, including the duplication of constitutional prosecutorial functions of the Office of the Special Prosecutor and the Attorney-General, institutional friction and jurisdictional overlap resulting in delays and inefficiencies,” the memo stated.

They argue that since the Constitution already places all prosecutorial powers in the Attorney General under Article 88, maintaining a parallel prosecutorial body has led to fragmented strategy, inefficiency and avoidable institutional conflict.

The MPs also cite the high cost of running the OSP with “limited demonstrable impact” relative to its budget.

They contend that corruption prosecution will be more effective and cost-efficient if managed under a strengthened anti-corruption division within the Attorney-General’s Office rather than through a separate institution.

“Other challenges include high operational costs of the Office of the Special Prosecutor with limited demonstrable impact relative to budgetary allocations, fragmentation of national prosecutorial policy and strategy and challenges in sustaining long-term institutional capacity due to parallel administrative infrastructure,” they noted.

The repeal Bill aims to consolidate all corruption prosecutions under one constitutional authority, improve coordination, cut administrative overheads and ensure better value for public money. It also outlines transitional arrangements for the transfer of staff, assets, case files and ongoing investigations to the Attorney General.

“The Bill therefore seeks to consolidate the prosecution of corruption and corruption-related offences under the constitutional mandate of the Attorney-General in order to enhance efficiency, accountability, coordination and prudent use of public resources,” they stressed.

Read the memorandum below:

OFFICE OF THE SPECIAL PROSECUTOR (REPEAL) BILL, 2025

MEMORANDUM

The object of the Bill is to repeal the Office of the Special Prosecutor Act, 2017 (Act 959).

Article 88 of the Constitution vests the power to institute, conduct and discontinue criminal proceedings in the Attorney-General. The Office of the Special Prosecutor was established in 2017 as a specialised independent body to focus on corruption and corruption-related offences.

However, operational experience since the establishment of the Office of the Special Prosecutor has revealed persistent challenges, including the duplication of constitutional prosecutorial functions of the Office of the Special Prosecutor and the Attorney-General, institutional friction and jurisdictional overlap resulting in delays and inefficiencies.

Other challenges include high operational costs of the Office of the Special Prosecutor with limited demonstrable impact relative to budgetary allocations, fragmentation of national prosecutorial policy and strategy and challenges in sustaining long-term institutional capacity due to parallel administrative infrastructure.

Parliament has therefore adopted a policy position that the national anti-corruption prosecutorial mandate can be more effectively and constitutionally exercised through a strengthened and retooled Office of the Attorney-General and Ministry of Justice with a specialised anti-corruption division, rather than through a separate statutory body.

The Bill therefore seeks to consolidate the prosecution of corruption and corruption-related offences under the constitutional mandate of the Attorney-General in order to enhance efficiency, accountability, coordination and prudent use of public resources.

The Bill will result in reduced administrative overheads as a result of the elimination of parallel governance, logistics and support services, better value for money through consolidation of prosecutorial resources, improved budgetary control under a single vote head within the justice sector and a more efficient deployment of skilled prosecutors and investigators across the national criminal justice system.

It is envisaged that short-term transitional costs associated with integration, re-assignment of staff and harmonisation of systems of the Office of the Special Prosecutor will be absorbed within existing budgetary allocations of the Office of the Attorney-General and Ministry of Justice.

The Bill is consistent with article 88 of the Constitution which vests prosecutorial authority in the Attorney-General, the principle of unitary prosecutorial control to ensure coherence, accountability and public oversight and the doctrine that Parliament may, by legislation, restructure statutory bodies and reassign their functions in the public interest.

The Bill is intended to streamline the anti-corruption prosecutorial framework of the country, reinforce constitutional clarity, improve institutional efficiency and ensure a more efficient use of public resources.

Clause 1 to 4 of the Bill provides for repeal and transitional matters.

Clause 1 repeals the Office of the Special Prosecutor Act, 2017 (Act 959) and saves any Regulations, rules, guidelines, administrative instructions, instruments, or any other act lawfully done under Act 959.

Clause 2 provides for the transfer of the assets and liabilities of the Office of the Special Prosecutor to the Office of the Attorney-General and the Ministry of Justice.

Furthermore, all monies in a bank account held by or on behalf of the Office of the Special Prosecutor immediately before the coming into force of the Bill are to be transferred to the Office of the Attorney-General and the Ministry of Justice.

Clause 3 deals with the transfer of staff. Under the clause, a person in the employment of the Special Prosecutor established under the Office of the Special Prosecutor Act, 2017 (Act 959) immediately before the coming into force of the Bill are, on the coming into force of the Bill, transferred to the Office of the Attorney-General and Ministry of Justice on terms and conditions which are not less favourable in aggregate to the terms and conditions attached to the post held by the person before the coming into force of the Bill.

A staff who does not wish to be transferred to the Office of the Attorney-General and Ministry of Justice is to, within three months after the coming into force of the Bill, opt to be redeployed within the public service or separate from the public service in accordance with applicable public service rules.

Clause 4 provides for the books, records, case files, electronic data, databases and information, including classified or confidential information in the custody of, or accessible to, the Office of the Special Prosecutor immediately before the coming into force of the Bill are to be transferred to the Office of the Attorney-General and Ministry of Justice.

Miscellaneous provisions are dealt with in clauses 5 to 7.

Under clause 5, an investigation, inquiry, prosecution, civil proceeding or any other matter commenced by or under the authority of the Office of the Special Prosecutor under the Office of the Special Prosecutor Act, 2017 (Act 959) is to continue as if commenced by or under the authority of the Attorney-General.

Where the Bill does not make specific provision for the transfer or disposal of a particular matter of the Office of the Special Prosecutor, the Attorney-General and Minister for Justice is empowered to issue directives for the efficient and effective disposition of a transfer or disposal of that particular matter, clause 6.

Finally, clause 7 provides for consequential matters.

HON. MAHAMA AYARIGA
Member of Parliament for Bawku Central

HON. ROCKSON-NELSON ESTE KWAMI DEFEAMEKPOR
Member of Parliament for South Dayi

OFFICE OF THE SPECIAL PROSECUTOR (REPEAL) BILL, 2025

ARRANGEMENT OF SECTIONS

Section
Repeal and Transitional Matters

1. Repeal of Act 959 and savings
2. Transfer of assets and liabilities
3. Transfer of staff
4. Transfer of records and information

Miscellaneous Provisions

1. Pending investigation, inquiry, prosecution and proceedings
2. Directives
3. Consequential amendment

OFFICE OF THE SPECIAL PROSECUTOR (REPEAL) BILL, 2025
A BILL ENTITLED OFFICE OF THE SPECIAL PROSECUTOR (REPEAL) ACT, 2025

AN ACT to repeal the Office of the Special Prosecutor Act, 2017 (Act 959) and provide for related matters.

Passed by Parliament and assented to by the President:

Repeal and Transitional Matters

Repeal of Act 959 and savings

(1) The Office of the Special Prosecutor Act, 2017 (Act 959) is repealed.

(2) Despite the repeal of Act 959, any Regulations, rules, guidelines, administrative instructions, instruments or any other act lawfully made or done under the repealed enactment and in force immediately before the coming into force of this Act shall be deemed to have been made by the Attorney-General and Minister for Justice and shall continue to have effect until revoked, cancelled, withdrawn or terminated.

(3) This Act shall not affect Act 959 in the operation of offences committed or penalties imposed before the coming into force of this Act.

Transfer of assets and liabilities
(1) The rights, assets and liabilities in respect of the properties vested in the Office of the Special Prosecutor established under the Office of the Special Prosecutor Act, 2017 (Act 959) immediately before the coming into force of this Act are transferred to the Office of the Attorney-General and Ministry of Justice.

(2) All moneys in a bank account held by or on behalf of the Office of the Special Prosecutor immediately before the coming into force of this Act are transferred to the Office of the Attorney-General and Ministry of Justice.

(3) A contract subsisting between the Office of the Special Prosecutor and any other person and in effect immediately before the coming into force of this Act shall subsist between the Office of the Attorney-General and that other person.

Transfer of staff

(1) A person in the employment of the Office of the Special Prosecutor established under the Office of the Special Prosecutor Act, 2017 (Act 959) immediately before the coming into force of this Act shall, on the coming into force of this Act, be transferred to the Office of the Attorney-General and Ministry of Justice on terms and conditions which are not less favourable in aggregate to the terms and conditions attached to the post held by the person before the coming into force of this Act.

•(2) The transfer of a person under subsection (1) shall not constitute a break in the service of that person; not affect any accrued or accruing rights to superannuation or other benefits; and be deemed to be continuous service.

(3) A staff transferred under this section shall perform functions in relation to the transferred mandate as the Attorney-General may direct.

(4) A staff who does not wish to be transferred to the Office of the Attorney-General and Ministry of Justice may, within three months after the coming into force of this Act

• opt to be redeployed within the public service; or

• separate from the public service in accordance with applicable public service rules.

Transfer of records and information

1. (1) All books, records, case files, electronic data, databases and information, including classified or confidential information in the custody of, or accessible to, the Office of the Special Prosecutor immediately before the coming into force of this Act are transferred to, and shall be taken over by, the Office of the Attorney-General and Ministry of Justice.

(2) The Attorney-General shall ensure the secure retention, management and use of any classified or confidential information; and maintain the level of confidentiality and privilege applicable to the information immediately before the transfer.

(3) A privilege or an immunity attached to communications, documents or information handled by the Office of the Special Prosecutor shall attach in the same manner to the Attorney-General and officers of the Office of the Attorney-General and Ministry of Justice dealing with that information.

Miscellaneous Provisions

Pending investigation, inquiry, prosecution and proceedings
1. (1) An investigation, inquiry, prosecution, civil proceeding or any other matter commenced by or under the authority of the Office of the Special Prosecutor under the Office of the Special Prosecutor Act, 2017 (Act 959) and pending immediately before the coming into force of this Act shall continue or discontinue as if commenced by or under the authority of the Attorney-General and Minister for Justice.

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(2) A court or other adjudicating body before which a matter referred to in subsection (1) is pending shall make such orders as may be necessary to give effect to the substitution of the Attorney-General for the Office of the Special Prosecutor as party to those proceedings.

(3) A warrant, order, direction, notice, authorisation or approval issued or granted by the Office of the Special Prosecutor and in force immediately before the coming into force of this Act shall continue in force as if the warrant, order, direction, notice, authorisation or approval was issued or granted by the Attorney-General and Minister for Justice and may be amended, renewed, varied or revoked accordingly.

Directives

1. Where this Act does not make specific provision for the transfer or disposal of any particular matter of the Office of the Special Prosecutor, the Attorney-General and Minister for Justice may issue directives for the efficient and effective disposition of that matter.

Consequential amendment

1. A reference in an enactment to the Office of the Special Prosecutor shall after the coming into force of this Act, be construed as a reference to the Attorney-General and Minister for Justice.

MAG

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