The Office of the Special Prosecutor (OSP) is set to resume prosecution of a number of high-profile corruption cases, including the case involving former Finance Minister, Ken Ofori-Atta, following a landmark Supreme Court ruling affirming the constitutionality of the Office.
The development clears a major legal hurdle that had stalled OSP prosecutions after an Accra High Court, in April 2026, ruled that the anti-corruption agency could not independently initiate criminal proceedings without authorisation from the Attorney-General.
The Supreme Court, on July 29, 2026, unanimously upheld the constitutionality of the Office of the Special Prosecutor Act, 2017 (Act 959), while affirming that the Attorney-General retains the constitutional power to discontinue prosecutions initiated by the OSP.
The ruling was delivered in a constitutional case brought by private legal practitioner, Noah Ephraim Tetteh Adamtey, who had challenged the legal basis for the OSP’s independent prosecutorial powers. The Supreme Court’s decision effectively settles the constitutional question over whether Parliament could establish the OSP with independent prosecutorial powers under Act 959.
High Court setback
The latest development follows an April 15, 2026 ruling by Justice John Eugene Nyadu Nyante of the Accra High Court, which held that the OSP could not independently prosecute criminal cases without prior authorisation from the Attorney-General under Article 88 of the 1992 Constitution.
The court ordered the Attorney-General to take over the OSP’s ongoing prosecutions and declared the proceedings initiated by the OSP void. The ruling followed a judicial review application filed by Peter Archibold Hyde, one of four persons facing prosecution in the OSP’s Tema Port rice case.
The OSP subsequently filed a notice of appeal and an application for a stay of execution, challenging the High Court’s decision and arguing that the court had no jurisdiction to effectively invalidate provisions of an Act of Parliament.
With the Supreme Court now having upheld the constitutionality of Act 959, the OSP has moved to revive its prosecutions.
OFORI-ATTA, ABDUL-HAMID CASES
Among the cases set to continue is The Republic v. Kenneth Ofori-Atta & 7 Others, in which the OSP has charged seven individuals and Strategic Mobilisation Ghana Limited (SML) with 78 counts of corruption and corruption-related offences.
The accused persons are former Finance Minister Kenneth Ofori-Atta; his former chef de cabinet, Ernest Darko Akore; former Ghana Revenue Authority (GRA) Commissioner-General Emmanuel Kofi Nti; former GRA Commissioner-General Ammishaddai Owusu-Amoah; former Customs Division Commissioner, Isaac Crentsil; former Customs Commissioner and Jaman South MP, Kwadwo Damoah; SML Chief Executive Officer Evans Adusei; and SML.
The charges arise from the OSP’s investigation into contracts between the Ghana Revenue Authority and SML. The OSP alleges that the contracts were unnecessary and resulted in significant financial loss to the state.
Also on the OSP’s list is The Republic v. Mustapha Abdul-Hamid & 7 Others, involving the former Chief Executive Officer of the National Petroleum Authority (NPA).
The OSP has charged five individuals and three companies in connection with an alleged GH¢291.57 million extortion and money-laundering scheme involving the NPA. According to the OSP, the alleged scheme involved the collection and diversion of funds from petroleum transporters and oil marketing companies between 2022 and 2024.
Another case is The Republic v. Sumaila Abdul-Rahman & 3 Others, involving the former Chief Executive Officer of the Northern Development Authority (NDA), Sumaila Abdul-Rahman, and three others.
The OSP’s active prosecution list also includes The Republic v. Issah Seidu & 3 Others, involving Issah Seidu, John Abban, Peter Archibold Hyde and James Keck Osei in the alleged attempted unlawful acquisition of imported rice at the Tema Port.
The OSP’s latest move marks a significant return to the courtroom for the anti-corruption agency after months of uncertainty over its prosecutorial mandate. The Supreme Court’s ruling has now reaffirmed the legal foundation of the OSP’s independent prosecutorial authority, although the Attorney-General retains the constitutional power to discontinue prosecutions initiated by the office.
