CSOs Seek to Join Supreme Court Case to Defend OSP’s Prosecutorial Powers

A coalition of 12 civil society organisations has announced plans to apply to the Supreme Court of Ghana to participate as amicus curiae in an ongoing case involving the Office of the Special Prosecutor (OSP).

The group intends to file a “friend of the court” brief in the case concerning Noah Adamtey, with the aim of supporting the constitutionality and independence of the OSP. According to the coalition, the move is driven by growing concerns that attempts are being made to weaken Ghana’s anti-corruption framework.

Speaking to the media, representatives argued that stripping the OSP of its prosecutorial authority would significantly undermine efforts to fight corruption and ensure accountability, particularly in cases involving politically exposed persons. They warned that limiting the OSP’s powers could erode public trust and reverse progress made in strengthening governance and transparency.

Kojo Asante of the Ghana Centre for Democratic Development emphasised that attention should be focused on strengthening the OSP rather than restricting its mandate, suggesting that any constitutional concerns could be addressed through broader review processes.

The coalition includes organisations such as IMANI Africa, Transparency International Ghana, Ghana Anti-Corruption Coalition, Africa Centre for Energy Policy, and NORSAAC, among others.

The development follows a recent ruling by an Accra High Court, which held that the OSP lacks the authority to independently prosecute criminal cases without approval from the Attorney-General. The court further directed that all ongoing prosecutions be transferred to the Attorney-General’s Department, declaring previous actions invalid unless properly authorised.

The decision, triggered by a suit filed by Peter Archibald Hyde, has sparked widespread debate over the interpretation of Article 88 of Ghana’s 1992 Constitution and the scope of the OSP’s mandate under the Office of the Special Prosecutor Act, 2017.

In response, the OSP has challenged the ruling, arguing that only the Supreme Court has the authority to interpret constitutional provisions and determine the validity of legislation.

With multiple suits now before the apex court, the coalition’s planned intervention is seen as part of a broader effort by civil society and legal stakeholders to safeguard the independence and effectiveness of Ghana’s anti-corruption architecture while awaiting a final ruling.