High Court ruling on OSP prosecutorial powers raises concerns for Ghana's anti-corruption efforts

Legal practitioner Amanda Clinton has characterized the High Court's decision to remove the Office of the Special Prosecutor's OSP prosecutorial powers as a "defining moment" for Ghana's rule of law. Clinton stated that the Supreme Court holds the exclusive authority to definitively determine the constitutionality of an Act of Parliament. She warned that the ruling creates uncertainty, noting that if prosecutorial authority is uncertain, enforcement becomes uncertain. The High Court's directive on April 15, 2026, ordered Attorney General Dr Dominic Akuritinga Ayine to assume all OSP cases until formal prosecutorial authorization is granted, which places the OSP's active corruption prosecutions in a legal grey area. Clinton highlighted Article 88 of the 1992 Constitution, which vests prosecutorial powers in the Attorney General, but questioned whether centralizing this authority creates a bottleneck, particularly in cases involving politically exposed persons. She argued that the OSP was established to operate where the system is most vulnerable, not to replace the Attorney General. Clinton had previously warned against subordinating the OSP, stating that the Attorney General is a political appointee and that such control would lead to "executive gatekeeping." She urged the OSP to assert its institutional independence, framing the struggle as one of national accountability. Clinton concluded that the OSP's survival is "foundational to Ghana's rule of law" and crucial for publi