Civil society organizations to join Supreme Court case defending OSP powers
via GhanaWeb5 min read
A coalition of 12 civil society organizations CSOs plans to intervene as friends of the court in a Supreme Court case concerning the powers of Ghana's Office of the Special Prosecutor OSP. The CSOs intend to file an amicus curiae brief in a suit involving Noah Adamtey, asserting that their involvement is crucial to protect the OSP's constitutional standing against what they perceive as significant legal threats. They argue that undermining the OSP's prosecutorial authority could reverse progress in anti-corruption efforts and erode public trust. This intervention follows an April 15, 2026 ruling by the Accra High Court, which stated that the OSP requires prior approval from the Attorney-General to prosecute criminal cases independently and directed the transfer of ongoing OSP prosecutions. The OSP, established under the Office of the Special Prosecutor Act, 2017 Act 959, has rejected the High Court's decision, maintaining that only the Supreme Court can interpret constitutional provisions or invalidate an Act of Parliament, and is challenging the ruling. Kojo Asante of the Ghana Centre for Democratic Development called for strengthening the OSP rather than restricting it. The coalition includes organizations such as IMANI Africa, Transparency International Ghana, the Ghana Anti-Corruption Coalition, the Africa Centre for Energy Policy, and NORSAAC.
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Must ReadThe Office of the Special Prosecutor OSP has responded to comments made by a United States immigration judge regarding its investigation into allegations against former Finance Minister Ken Ofori-Atta. The OSP clarified that it was not involved in the US immigration proceedings and that its role concerns extradition proceedings being pursued through Ghana's Attorney General. The OSP stated that the extradition case is separate from the immigration case before the US court and that the immigration court has no authority to determine the credibility of criminal charges against Ofori-Atta. The OSP outlined three separate legal proceedings involving Ofori-Atta: immigration proceedings in the US, extradition proceedings in the US, and criminal prosecution before the High Court in Accra. The office maintained that Ofori-Atta remains the subject of criminal proceedings in Ghana, a valid warrant of arrest has been issued by the High Court, Accra, and he remains a fugitive from justice in Ghana. The OSP assured that the criminal proceedings in Ghana will continue in accordance with the law and the directives of the High Court, regardless of Ofori-Atta's presence in the country. The US immigration judge, David Gardey, had stated that the court found the affidavit filed by the OSP lacked convincing evidence to support the allegations against Ofori-Atta, and that the OSP failed to demonstrate Ofori-Atta's engagement in criminal activity or personal benefit from his role as Finance Minist
Must ReadIMANI Africa President Franklin Cudjoe stated that the conviction of Chairman Wontumi should initiate broader action against politicians involved in illegal mining, regardless of their political affiliation. Cudjoe described the case as significant, demonstrating that high-profile individuals can be prosecuted when evidence is available. He expressed hope that this outcome would encourage law enforcement to pursue other cases involving politically exposed persons, stating it is the only way to win the war against illegal mining and water pollution. Cudjoe urged that investigations should not conclude with Wontumi and called for all politicians named in former Minister Dr. Frimpong Boateng鈥檚 dossier on destructive illegal mining to be investigated and prosecuted if sufficient evidence is found. He also encouraged President John Dramani Mahama to identify members of his own party involved in illegal mining and called for the expedited investigation of NDC officials Joseph Yamin and Abanga Yakubu by EOCO.
Kwadwo Poku, a member of the NPP Communications Team, has raised concerns regarding the absence of prosecution for owners of excavators confiscated during the government's anti-illegal mining operations. His comments followed the 20-year prison sentence given to Bernard Antwi Boasiako, also known as Chairman Wontumi, in the Samreboi mining case. Poku suggested that the handling of Wontumi's case contributes to the NPP's view that the conviction is political persecution. He stated that in 2025 alone, 443 excavators were seized, and over 1,200 individuals were arrested during these operations. However, he noted that none of the excavator owners are currently in court, and the progress of cases involving those arrested is unclear. Poku argued that the focus on Wontumi's conviction has created a misleading impression that the case is directly about illegal mining, asserting that the court's decision was based on specific legal issues rather than evidence of Wontumi's personal involvement in illegal mining.