Supreme Court Must Act or Anti-Corruption Framework at Risk – Lawyer

Accra: Ghanaian legal practitioner Amanda Akuokor Clinton has raised an urgent alarm over what she describes as the systematic dismantling of Ghana's anti-corruption institutions through a pattern of High Court rulings. She warned that the Supreme Court may be the last line of defence before the damage becomes irreversible.

According to Ghana Web, Clinton argued that two recent courtroom developments, taken together, reveal how fragile the country's specialised anti-corruption architecture has become. In a write-up on her social media page, Clinton detailed her concerns, referencing an April 15 High Court ruling in the Office of the Special Prosecutor (OSP) matter. The ruling declared ongoing OSP prosecutions void without express Attorney-General authorisation and transferred them to the Attorney-General's Department. Clinton emphasized that such actions compromise the independence and effectiveness of anti-corruption bodies.

The second development occurred on April 29, 2026, when Justice Francis Achibonga removed an Economic and Organised Crime Office (EOCO) lawyer from the prosecution team in the NAFCO/Buffer Stock case. Former Attorney-General Godfred Yeboah Dame, acting as defence counsel, successfully argued that the lawyer lacked valid authorisation. Although EOCO clarified its lawyers were supporting lead State Attorneys and the current Attorney-General is issuing fresh authorisations, Clinton highlighted this as a significant vulnerability.

Clinton pointed out the immediate consequences, noting that the NPA extortion and money-laundering case against Mustapha Abdul-Hamid and others was adjourned to May 26, pending clarity on the OSP's mandate. She emphasized the importance of Article 88 of Ghana's 1992 Constitution, which grants prosecutorial authority to the Attorney-General, and how Parliament intended for independent bodies to operationalize this authority without delays or conflicts.

Drawing parallels with international examples, Clinton cited cases in South Africa, Nigeria, Sierra Leone, and Brazil, illustrating how political pressures and executive oversight weakened anti-corruption efforts. She warned that once specialised independence is compromised, restoring credibility and operational momentum becomes extraordinarily challenging.

Clinton concluded by stating that the Supreme Court's forthcoming ruling would determine whether Ghana's anti-corruption framework serves as a genuine check on executive power or merely an extension of it. She urged the apex court to intervene before the damage becomes irreversible.