Ghana Court Limits Special Prosecutor’s Powers, Case Heads to Supreme Court

A High Court in Accra has ruled that Ghana’s anti-corruption agency, the Office of the Special Prosecutor, does not have independent constitutional authority to conduct criminal prosecutions, a decision that has triggered fresh legal debate over the scope of the agency’s mandate.

The court held that prosecutorial powers under Ghana’s Constitution are primarily vested in the Attorney-General’s office, meaning that any prosecution conducted independently by the Special Prosecutor may require constitutional clarification or review.

Following the ruling, the Special Prosecutor, Kissi Agyebeng, indicated that the office would challenge the decision at the Supreme Court, arguing that only the apex court has the authority to make a final determination on constitutional questions of this nature.

The ruling has intensified national discussion on the independence of anti-corruption institutions in Ghana and their role in prosecuting high-profile corruption cases. The matter is now expected to proceed to the Supreme Court for final interpretation.