Mahama’s gov’t isn’t against OSP – Deputy AG

The Deputy Attorney-General and Minister for Justice, Justice Srem Sai, has clarified that the government of President John Dramani Mahama is not opposed to the Office of the Special Prosecutor (OSP) or its mandate in combating corruption in Ghana.

Speaking on the Joy FM Super Morning Show on Friday, April 17, Dr Srem Sai emphasised that the current administration fully supports the role of the OSP and remains committed to strengthening anti-corruption institutions across the country. He reiterated that the fight against corruption remains a top priority for the government.

“It is important for people to know that no one in this President John Dramani Mahama’s administration is against the Office of the Special Prosecutor and its role in our democracy, which is a very crucial role, and I can tell you that the President is committed 100 per cent to ensuring that corruption is fought on all fronts,” he stated.

His remarks come in the wake of a recent High Court ruling delivered on Wednesday, April 15, which has sparked renewed debate over the scope of prosecutorial authority in Ghana. The court held that the OSP does not possess independent constitutional authority to prosecute criminal cases without the express approval of the Attorney-General. This interpretation is grounded in Article 88 of the 1992 Constitution of Ghana, which vests prosecutorial powers in the Attorney-General.

The ruling has reignited longstanding discussions among legal experts, policymakers, and civil society actors regarding the balance of power between the Attorney-General’s office and the OSP. While the OSP was established to function as an independent anti-corruption institution, questions persist about the extent of its autonomy under the current constitutional framework.

The creation of the OSP under the Office of the Special Prosecutor Act, 2017 (Act 959) was intended to provide Ghana with a specialised agency capable of investigating and prosecuting corruption-related offences independently, and with minimal political interference. The institution has since been seen as a key pillar in Ghana’s anti-corruption architecture.

However, constitutional experts have consistently pointed out that unless Article 88 is amended, the ultimate authority to initiate and conduct criminal prosecutions remains with the Attorney-General. This legal position has created ongoing tension regarding the operational independence of the OSP.

Many observers believe that the issue may ultimately require a definitive interpretation by the Supreme Court of Ghana to resolve any ambiguities surrounding the relationship between the two offices and to clarify the constitutional limits of the OSP’s prosecutorial powers.

Dr Srem Sai’s comments therefore seek to reassure the public that, despite the legal debates and court rulings, the government remains firmly committed to supporting anti-corruption efforts and ensuring that institutions like the OSP are empowered to carry out their mandate effectively.