Supreme Court admits 14 CSOs in OSP’s constitutionality case

A seven-member panel of the Supreme Court of Ghana has granted an application by 14 civil society organisations (CSOs) seeking to join an ongoing constitutional case challenging the legality of the Office of the Special Prosecutor (OSP).

The panel, chaired by Chief Justice Paul Baffoe-Bonnie, admitted the application after lawyers representing the CSOs argued that the organisations possess substantial expertise and institutional experience in governance, accountability, transparency, and anti-corruption advocacy.

Counsel for the applicants, Kizito Beyuo, told the court that the participation of the organisations would assist the apex court in fully examining the broader constitutional and public interest implications of the case.

According to him, the civil society groups have consistently played important roles in promoting institutional accountability and anti-corruption reforms in Ghana and therefore have a legitimate interest in the outcome of the proceedings.

The substantive suit, titled Adamtey v Attorney-General, was filed by a private citizen identified as Adamtey and seeks to challenge the constitutional foundation of the Office of the Special Prosecutor.

The plaintiff is questioning whether certain aspects of the establishment, powers, and operational structure of the OSP are consistent with provisions of Ghana’s 1992 Constitution.

The Office of the Special Prosecutor was established under the Office of the Special Prosecutor Act, 2017 (Act 959) as an independent anti-corruption institution mandated to investigate and prosecute corruption-related offences, especially cases involving public officials, politically exposed persons, and public sector corruption.

Since its establishment, the OSP has emerged as one of Ghana’s most high-profile anti-corruption institutions, handling several major investigations and prosecutions involving public officials and state institutions.

The Supreme Court’s decision to permit the CSOs to join the case is expected to widen the legal, constitutional, and public policy dimensions of the proceedings.

Legal analysts believe the inclusion of civil society organisations could provide additional perspectives on the importance of maintaining strong anti-corruption institutions within Ghana’s democratic and governance framework.

Many of the organisations involved have previously advocated stricter anti-corruption measures, institutional independence, and stronger accountability mechanisms in public administration.

The case has generated widespread national interest because of its potential implications for the future mandate, independence, and operations of the Office of the Special Prosecutor.

Observers say any ruling by the Supreme Court could significantly affect Ghana’s anti-corruption efforts and the legal framework governing independent accountability institutions.

The proceedings are therefore expected to be closely monitored by legal experts, governance advocates, civil society groups, and political observers across the country.