Citizen Challenges AG in Supreme Court Over OSP Legality

A private citizen has initiated legal proceedings at the Supreme Court, challenging the constitutional basis for the establishment of the Office of the Special Prosecutor (OSP). This confirmation comes from Deputy Attorney General, Justice Srem-Sai.

In a statement on Wednesday, December 10, Mr. Srem-Sai revealed that Noah Adamtey, the plaintiff in the case, is contesting the Attorney-General, alleging that Parliament overstepped its constitutional boundaries when creating an independent prosecutorial entity operating outside the AG’s direct control.

“I can confirm that a citizen – Noah Adamtey – has sued the Attorney-General in Supreme Court suit number J13/2026,” the Deputy AG wrote.

Mr. Adamtey’s core argument is that Parliament lacks the authority to establish a prosecutor’s office functioning autonomously from the Attorney-General, who is constitutionally mandated as the principal legal advisor and prosecutor for the state.

The suit requests the Supreme Court to invalidate sections of Act 959, the legislation that brought the OSP into being. Specifically, it targets provisions granting the OSP independent prosecutorial power and shielding it from oversight by the Attorney General.

The legal challenge raises important questions about the separation of powers and the constitutional framework governing prosecution in Ghana. Further updates will be provided as the case progresses through the Supreme Court.

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