Accra: Deputy Attorney General, Justice Srem-Sai, has emphasized the necessity of a constitutional amendment to address the legal challenges confronting the Office of the Special Prosecutor (OSP). He argues that this is the only way to ensure the office's full prosecutorial independence.
According to Ghana Web, during an appearance on Joy FM's Super Morning Show, Justice Srem-Sai disclosed that legal experts have long anticipated the issues facing the OSP. He highlighted that questions were raised from the beginning about whether an Act of Parliament could adequately grant prosecutorial powers to the OSP without involving the Attorney General.
His remarks come in the wake of an Accra High Court ruling on April 15, 2026, which nullified prosecutions initiated by the OSP and mandated the transfer of these cases to the Attorney-General's Department. This decision has sparked renewed discussion on the limits of the OSP's authority, which was established under the Special Prosecutor Act, 2017 (Act 959) to independently handle corruption-related offences.
Justice Srem-Sai pointed out that Article 88 of the 1992 Constitution explicitly assigns prosecutorial authority to the Attorney General, complicating any attempt by other bodies to assume similar powers without constitutional amendments. He referred to legal precedents, including the 2019 case of Republic v. Mohammed Shafic, where a defendant effectively contested the prosecutorial authority of a state institution after legislative changes.
He further noted that such legal challenges are not without precedence in Ghana, with at least three successful objections recorded in the nation's legal history. Justice Srem-Sai concluded that these developments underscore the urgent need for constitutional reform to establish an independent prosecutorial entity capable of effectively combating corruption.