Special Prosecutor Kissi Agyebeng stated today that an April 15, 2026 High Court ruling declaring portions of the Office of the Special Prosecutor (OSP) Act unconstitutional has effectively brought the institution’s investigative and prosecutorial work to a near standstill, causing significant disruption across the country. Agyebeng, speaking at a press conference, emphasized the severity of the situation, stating that the ruling creates substantial uncertainty for the OSP and jeopardizes ongoing investigations and prosecutions. The ruling directly invalidated prosecutions undertaken by the OSP, as well as convictions and assets secured through the office’s work, a development impacting the nation’s legal landscape significantly. He explained that the High Court’s decision resulted in the invalidation of several cases involving the OSP, and the court subsequently directed that all OSP cases be transferred to the Attorney General’s office. Mr. Agyebeng further noted that the disruption has intensified the cost to the country, hindering prosecutions and emboldening corrupt actors. The Supreme Court subsequently delivered its ruling on July 29, 2026, on the constitutionality of the OSP’s prosecutorial mandate, a decision that Agyebeng contends represents a deliberate effort to weaken the institution’s core function.
According to a report by Adom Online, the ruling was a direct consequence of a related case – challenging the constitutionality of the OSP’s prosecutorial mandate – already pending before the Supreme Court. The OSP sought to join this case on January 27, 2026, but the Supreme Court rejected the application. The Supreme Court’s ruling, delivered on July 29, 2026, affirmed the Attorney General’s role as the defendant and rejected the OSP’s plea for judicial jurisdiction, highlighting the court’s authority over the OSP’s case. Mr. Agyebeng asserted that the OSP’s attempt to join the case demonstrated a proactive commitment to protecting its statutory mandate, rather than passively awaiting the Supreme Court’s decision, and that the OSP’s actions reflect a strategic effort to preserve its investigative and prosecutorial capacity. The court’s decision resulted in a shake-up in the government payroll, with the recovery of GH¢100 million for the state, according to Agyebeng, as evidence of the OSP’s impact. The Special Prosecutor pointed to this recovery as a key indicator of the OSP’s function and the impact it has had on the country’s legal system.
Furthermore, Agyebeng highlighted that the OSP had sought to join a Supreme Court case filed by Noah Ephraim Tetteh Adamatey against the Attorney General, alleging that the OSP Act was challenged, prompting the investigation. The application was initiated by the OSP on January 27, 2026, but the Supreme Court dismissed it. The Supreme Court held that the state, represented by the Attorney General, was the proper defendant, rejecting the OSP’s request for judicial intervention. The Supreme Court subsequently delivered its ruling, reinforcing the Attorney General’s role as the defendant and rejecting the OSP’s plea for judicial jurisdiction. The OSP’s attempt to join the case, Agyebeng argued, signaled a deliberate strategy to safeguard its authority and operational capacity, reflecting a concerted effort to strengthen the institution’s investigative and prosecutorial capabilities. He further expressed his belief that the OSP’s actions represent a significant setback for the country’s legal system and suggests a worrying trend of systemic weakening of the office.
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Source: Adom Online
