Ghana’s Attorney General should take immediate steps to clarify the prosecutorial authority of the Office of the Special Prosecutor (OSP) following a High Court ruling questioning its mandate, a constitutional lawyer has said.
Alhaji Inusah Fuseini, a former member of Parliament, said the controversy stems from whether the OSP requires explicit authorization known as a fiat from the Attorney General before initiating prosecutions.
“The law says the Attorney General shall give authorization,” Alhaji Fuseini said in a radio interview. “So the question should be: why has the Attorney General not provided it?”
The High Court ordered the Attorney General to take over OSP cases until such authorization is demonstrated, after the OSP failed to present proof in court.
Alhaji Fuseini questioned that approach, arguing that the responsibility lies with the Attorney General, not the OSP.
“The Special Prosecutor has no capacity to give himself authorization,” he said. “It is the Attorney General who must issue it.”
A statement from the Deputy Attorney General indicated that the government would comply with the court’s order and begin taking steps to assume control of ongoing cases.
Alhaji Fuseini, however, warned that such a move could further complicate matters and deepen uncertainty.
He outlined three possible solutions: the Attorney General issuing a formal fiat, the OSP appealing the ruling and arguing that authority is inherent in the law, or amending the Constitution to explicitly grant the OSP prosecutorial powers.
Alhaji Fuseini also advocated for embedding the OSP in the Constitution to safeguard its independence, citing countries like Singapore as examples of strong anti-corruption systems built on institutional backing and public accountability.
“The fight against corruption requires a national commitment and strong institutions,” he said. “Without clarity in the law, enforcement becomes difficult.”
The Supreme Court is expected to ultimately determine the scope of the OSP’s authority, a decision that could shape Ghana’s anti-corruption efforts going forward.
