Accra: The former Special Prosecutor, Martin Amidu, has issued a warning regarding the current tensions between the Office of the Special Prosecutor (OSP) and the Attorney-General, emphasizing the negative impact this conflict could have on Ghana's efforts to combat corruption.
According to Ghana Web, Amidu, in a write-up dated April 23, 2026, elaborated on the intended collaborative relationship between the OSP and the Attorney-General. He explained that the Attorney-General is supposed to delegate prosecutorial authority to the Special Prosecutor as per the law. Amidu pointed out that the Office of the Special Prosecutor (Operations) Regulations, 2018 (LI 2374), particularly Regulation 11, grants the Special Prosecutor the discretion to decide on prosecutions following investigations.
Amidu argued that this delegation aligns with Article 88 of the 1992 Constitution and could be affirmed by the Supreme Court if appropriately interpreted. He expressed confidence that the Supreme Court might recognize the Special Prosecutor's prosecutorial powers under Act 959 and LI 2374 when the matter is brought before it.
He also highlighted his contribution to establishing the operational framework of the OSP, noting that the law and regulations were developed in collaboration with the then Attorney-General. Despite this foundation, Amidu expressed concern over the current lack of cooperation between the OSP and the Attorney-General.
Amidu criticized the ongoing tensions, warning that the discord does not bode well for Ghana's anti-corruption efforts. He urged the Special Prosecutor to remember that his authority derives from Article 88 of the Constitution and that collaboration with the Attorney-General is essential to achieving the OSP's objectives under Act 959 and its regulations.
He further criticized the current Special Prosecutor's conduct, accusing him of not cooperating with the Attorney-General, specifically in handling case dockets. Amidu alleged that the Special Prosecutor refused to submit a closed docket to the Attorney-General after completing an investigation, choosing instead to leave the country until a change of government occurred.
Amidu emphasized that the challenges facing the OSP are not due to deficiencies in the law but are a result of individual actions. He stressed that the OSP is meant to support governments in fighting corruption impartially and not as a tool for political manipulation.
In conclusion, Amidu reiterated that while the Special Prosecutor must maintain some independence, the office should work collaboratively with the Attorney-General to fulfill its mandate effectively. His comments come in the wake of a High Court ruling that stripped the OSP of its prosecutorial powers.