Accra: Legal practitioner Amanda Clinton has described the High Court's decision to strip the Office of the Special Prosecutor (OSP) of its prosecutorial powers as 'a defining moment' for Ghana's rule of law. The recent ruling has sparked debate over its implications for the country's anti-corruption efforts and the separation of powers within the legal system.
According to Ghana Web, Clinton acknowledged the court's jurisdiction over the matter but argued that conclusively determining the legality of an Act of Parliament is the exclusive preserve of the Supreme Court. She emphasized that the power to rule on the constitutionality of an Act of Parliament rests with the Supreme Court, underscoring the foundational nature of this distinction. Clinton expressed concern that the ruling could lead to uncertainty in prosecutorial authority and enforcement.
The High Court's directive on April 15, 2026, ordered Attorney General Dr. Dominic Akuritinga Ayine to take over all OSP cases until formal prosecutorial authorization is granted. This decision places the OSP's active corruption prosecutions in a legal grey zone. At the center of the debate is Article 88 of the 1992 Constitution, which vests prosecutorial powers in the Attorney General. Clinton questioned whether centralizing authority in the Attorney General ensures coherence or creates a bottleneck, particularly in cases involving politically exposed individuals.
In an earlier letter to the OSP, Clinton warned against subordinating the office to the Attorney General, highlighting concerns of "executive gatekeeping" that could undermine prosecutorial independence. She urged the OSP to assert its constitutional importance and frame the current struggle as one of national accountability, rather than institutional rivalry.
Clinton also noted a troubling pattern of increasing legal resistance to enforcement, counter-litigation against legal practitioners, and public narratives that recast enforcement efforts as overreach. She argued that such developments pose a risk to the functional effectiveness of the justice system, even if the constitutional framework remains intact.
Clinton concluded that the ultimate resolution of the OSP's prosecutorial mandate must come from the highest court, emphasizing the need for restraint, clarity, and the maturation of legal arguments. The ongoing debate highlights the complex interplay between legal institutions and their roles in upholding accountability and the rule of law in Ghana.