12 CSOs seek to join Supreme Court OSP case as amicus curiae

A coalition of 12 civil society organisations (CSOs) has announced plans to apply to the Supreme Court of Ghana to participate as amicus curiae in a case concerning the Office of the Special Prosecutor (OSP).

The coalition said it intends to file a “friend of the court” brief in the case involving Noah Adamtey, currently before the apex court, to support the constitutionality of the OSP. The move is seen as a strategic legal intervention aimed at influencing the court’s interpretation of the OSP’s powers and reinforcing its independence within Ghana’s governance framework.

According to the group, the move reflects growing concern among civil society actors over what they describe as attempts to weaken Ghana’s anti-corruption framework. They argue that recent legal developments risk undermining years of institutional reforms designed to tackle corruption and ensure accountability.

Addressing the media, representatives of the coalition argued that any attempt to strip the OSP of its prosecutorial authority would undermine efforts to combat corruption and promote accountability in public office. They stressed that corruption remains a critical governance challenge in Ghana and requires strong, independent institutions to address effectively.

They maintained that the OSP was established as an independent institution with the mandate to investigate and prosecute corruption-related offences, particularly those involving politically exposed persons. The coalition warned that limiting these powers could weaken the institution and erode public confidence in Ghana’s anti-corruption efforts, potentially discouraging whistleblowers and reducing transparency in public administration.

They further noted that the case before the Supreme Court carries significant implications for governance, transparency and the rule of law, cautioning that any ruling restricting the OSP’s mandate could reverse years of reform efforts and affect Ghana’s international reputation in the fight against corruption.

Meanwhile, the Director of Policy Advocacy and Engagement at Ghana Centre for Democratic Development, Kojo Asante, said focus should be placed on strengthening the OSP rather than curtailing its powers.
“If we were even worried about legality issues, we have the constitutional review process to resolve them, so what is the hurry, what is the rush? So we are clear in our minds that there is nothing unconstitutional about it. What, of course, we had all agreed on was that when a constitutional review process came around, we would elevate the OSP to a constitutional body,” he said.
His comments highlight ongoing calls among policy experts to formalize the OSP’s status within Ghana’s constitutional framework to prevent recurring legal disputes.

The coalition includes the Ghana Centre for Democratic Development, IMANI Africa, Transparency International Ghana, the Ghana Anti-Corruption Coalition, the Africa Centre for Energy Policy, and NORSAAC, among other civil society organisations. Together, these groups represent a broad spectrum of governance, transparency, and policy advocacy institutions in Ghana.

The renewed civil society action comes amid ongoing legal battles over the prosecutorial authority of the Office of the Special Prosecutor, a key institution established under the Office of the Special Prosecutor Act, 2017 (Act 959).

On April 15, 2026, an Accra High Court ruled that the OSP does not have the authority to independently prosecute criminal cases without prior authorisation from the Attorney-General. The court further ordered that all ongoing prosecutions initiated by the OSP be taken over by the Attorney-General’s Department and declared existing prosecutions invalid unless properly authorised. This ruling has raised concerns about the continuity of several high-profile corruption cases.

The ruling followed a legal challenge filed by private citizen Peter Archibald Hyde, who questioned the constitutional basis for the OSP’s prosecutorial powers under Article 88 of the 1992 Constitution. His case has become a focal point in the broader debate over the interpretation of prosecutorial authority in Ghana.

In response, the OSP rejected the decision, describing it as legally flawed and arguing that only the Supreme Court has the authority to interpret constitutional matters or invalidate provisions of an Act of Parliament. The anti-corruption body subsequently initiated steps to challenge the ruling and seek clarity from the apex court, setting the stage for a potentially landmark judgment.

The High Court decision has since triggered widespread legal and political debate, with concerns that the ruling could affect several ongoing corruption prosecutions and create uncertainty within Ghana’s anti-corruption framework. Legal experts warn that prolonged uncertainty could slow down investigations and weaken enforcement efforts.

Following the ruling, multiple legal actions and constitutional suits were filed at the Supreme Court to determine whether the Office of the Special Prosecutor Act, 2017 (Act 959), grants the OSP independent prosecutorial authority.

The latest move by the coalition of CSOs to join the case as amicus curiae is therefore seen as part of a broader national effort by civil society actors, legal practitioners, and policymakers to defend the institutional independence and operational mandate of the OSP while awaiting a final determination by the Supreme Court. The outcome of the case is expected to shape the future of anti-corruption enforcement in Ghana for years to come.