Three leading civil society organisations have called on President John Dramani Mahama to break his silence and clearly state the government’s position on the Office of the Special Prosecutor (OSP), warning that conflicting signals from the presidency and the Attorney-General could erode public confidence in the fight against corruption.
The appeal follows a High Court ruling on Wednesday, April 15, 2026, which directed the Attorney-General to take over all criminal prosecutions initiated by the OSP, dealing a major blow to the anti-graft body’s independence.
Speaking on Joy FM’s morning programme on Thursday, April 16, Dr Kojo Asante of the Ghana Centre for Democratic Development (CDD-Ghana), Ms Mary Addah of Transparency International Ghana, and Mr Sulemana Braimah of the Media Foundation for West Africa (MFWA) urged the President to provide immediate clarity.
Court ruling and constitutional clash
The High Court’s General Jurisdiction Division 10, presided over by Justice John Eugene Nyadu Nyante, held that prosecutions commenced by the OSP without prior authorisation from the Attorney-General lack constitutional basis. The court awarded costs of GH¢15,000 against the OSP.
The anti-graft body has rejected the ruling, insisting its actions remain valid under the Office of the Special Prosecutor Act, 2017 (Act 959), and has indicated it will challenge the decision.
The ruling adds to an ongoing Supreme Court case—Adamtey v. Attorney-General, Suit No. J1/3/2026—filed by private legal practitioner Noah Ephraem Tetteh Adamtey in December 2025. In that matter, the Attorney-General, Dr Dominic Ayine, through his deputy Dr Justice Srem-Sai, filed submissions on April 8, 2026, arguing that Section 4(2) of Act 959 is unconstitutional, on the grounds that prosecutorial powers rest exclusively with the Attorney-General under Article 88 of the 1992 Constitution.
President’s earlier stance appears at odds
The civil society leaders noted that the Attorney-General’s legal position appears to diverge from President Mahama’s own public comments. In December 2025, the President urged Parliament to withdraw a Private Member’s Bill seeking to repeal the OSP Act, describing the move as premature and affirming the office’s relevance.
“The President was in France when this happened. He is now back. There has to be a pronouncement,” Dr Asante said.
He added: “What is government’s position on the OSP? The Attorney-General has made his position clear. The President has also made a position that is different. If the President agrees with the Attorney-General, he should say so.”
‘Gains in fighting corruption at risk’
Ms Mary Addah warned that the High Court ruling could stall hard-won gains in tackling corruption, recalling that the OSP was established precisely to address the perceived ineffectiveness of the Attorney-General’s office in prosecuting corruption cases.
She urged the Special Prosecutor, Mr Kissi Agyebeng, to remain steadfast.
Mr Sulemana Braimah pointed to a pattern of developments that now require explanation. “It does appear that a number of things are happening at the same time,” he said.
Dr Asante further argued that any concerns about the OSP law should be addressed through constitutional review processes rather than piecemeal judicial actions that could disrupt ongoing prosecutions. He also questioned the High Court’s jurisdiction on matters of constitutional interpretation, which he said properly belong before the Supreme Court.
Call for public vigilance
The CSOs called on civil society, the media, and the public to continue supporting anti-corruption institutions, and urged the government to act on past governance recommendations, including those under the African Peer Review Mechanism.
The OSP, established in 2017 following years of advocacy for an independent anti-corruption body, remains at the centre of a deepening legal and political controversy over its very power to prosecute.
