By Patrick Ofoe Nudzi
Accra, Aug. 26, GNA – Kissi Agyebeng, Special Prosecutor, has declared a “rebirth of the Office of the Special Prosecutor (OSP)” following a Supreme Court ruling affirming its prosecutorial powers.
The Supreme Court on July 29, 2026, unanimously upheld the constitutionality of the OSP’s prosecutorial mandate, following a legal challenge to the Office’s powers.
Mr Agyebeng, speaking at a press conference in Accra, said the ruling had settled questions over the Office’s independence and legal authority.
The case was brought by Noah Ephraem Tetteh Adamtey, who argued that Article 88 of the 1992 Constitution vested exclusive prosecutorial powers in the Attorney-General.
The Supreme Court, however, ruled that the OSP Act, 2017 (Act 959), was not inconsistent with the Constitution.
The Court held that the OSP had valid legal authorisation from the Attorney-General to initiate and conduct prosecutions for corruption and corruption-related offences.
It further ruled that previous OSP prosecutions, convictions and freezing orders remained valid, while any previous court rulings or orders inconsistent with the final decision were rendered void.
Mr Agyebeng said the ruling marked a significant turning point for the OSP after five years
during which he said efforts had been made to undermine its existence and operations.
He said much of his tenure had been spent “fighting for the survival of the OSP” and resisting attempts to shut down the institution.
The Special Prosecutor cited a withdrawn Private Member’s Bill in Parliament seeking to abolish the OSP over alleged non-performance as one of the challenges confronting the Office.
He also said some public officers whose duties required them to protect and collaborate with the OSP had mounted attacks aimed at weakening its powers and damaging its public image.
Mr Agyebeng said the OSP had undertaken a candid assessment of its work and acknowledged that it had made mistakes, but maintained that those shortcomings did not justify calls for its abolition.
He said the attacks were largely associated with concerns over the OSP’s independent investigative and prosecutorial powers, particularly its authority to determine matters falling within its mandate for investigation.
The Special Prosecutor also attributed some of the attacks to personal dislike of him and the OSP’s operational directors rather than evidence of misconduct.
He said attempts to undermine a public institution established to fight corruption because of personal preferences for particular office holders were “the antithesis of development.”
Mr Agyebeng said the OSP would remain resolute in discharging its mandate lawfully and would not be deterred by criticism or opposition to its work.
He said the Supreme Court’s decision had strengthened the fight against corruption and provided clarity on the OSP’s functions, with the Office now entering a “rebirth” with renewed
determination to serve the Republic.
GNA
Edited by Kenneth Sackey
Reporter: Patrick Ofoe Nudzi
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