12 CSOs Seek to Join Supreme Court Case on OSP as Amicus Curiae
Civil society groups move to defend the independence and prosecutorial powers of the Office of the Special Prosecutor in a landmark case before the Supreme Court of Ghana.
- 12 CSOs seek to join Supreme Court case
- Accra High Court ruling limits OSP powers
- Concerns over impact on anti-corruption efforts
A coalition of 12 civil society organisations (CSOs) has announced its intention to apply to the Supreme Court of Ghana to participate as amicus curiae—or “friends of the court”—in an ongoing case involving the Office of the Special Prosecutor (OSP).
The group plans to submit a brief in the case concerning Noah Adamtey, aiming to support the constitutional validity of the OSP. According to the coalition, their intervention is driven by increasing concern over what they see as attempts to weaken Ghana’s anti-corruption framework.
Speaking to the media, representatives of the coalition stressed that removing the OSP’s prosecutorial powers would significantly undermine efforts to fight corruption and ensure accountability in public office. They argued that the OSP was deliberately established as an independent body with the authority to investigate and prosecute corruption-related offences, especially those involving politically exposed individuals.
The group warned that restricting the OSP’s mandate could weaken the institution and diminish public confidence in anti-corruption efforts. They further emphasized that the case before the Supreme Court has far-reaching implications for governance, transparency, and the rule of law, cautioning that any decision limiting the OSP’s authority could undo years of reform.
Kojo Asante, Director of Policy Advocacy and Engagement at Ghana Centre for Democratic Development, called for strengthening the OSP rather than restricting it. He noted that concerns about legality could be addressed through constitutional review processes, questioning the urgency behind efforts to curtail the institution’s powers. He also reiterated the view that the OSP is not unconstitutional and suggested it could eventually be elevated to a constitutional body.
The coalition includes organisations such as IMANI Africa, Transparency International Ghana, the Ghana Anti-Corruption Coalition, the Africa Centre for Energy Policy, and NORSAAC, among others.
Background
The CSOs’ action comes amid ongoing legal disputes over the prosecutorial authority of the OSP.
On April 15, 2026, an Accra High Court ruled that the OSP does not have the authority to independently prosecute criminal cases without prior approval from the Attorney-General. The court also ordered that all ongoing prosecutions initiated by the OSP be transferred to the Attorney-General’s Department and declared them invalid unless properly authorised.
This ruling followed a legal challenge by private citizen Peter Archibald Hyde, who questioned the constitutional basis of the OSP’s prosecutorial powers under Article 88 of Ghana’s 1992 Constitution.
In response, the OSP rejected the decision, describing it as flawed and maintaining that only the Supreme Court has the authority to interpret constitutional provisions or invalidate parts of an Act of Parliament. The office has since taken steps to challenge the ruling and seek clarification from the apex court.
The High Court’s decision has sparked widespread legal and political debate, with concerns about its potential impact on ongoing corruption cases and the broader anti-corruption framework in Ghana.
Following the ruling, several legal actions and constitutional suits have been filed at the Supreme Court to determine whether the Office of the Special Prosecutor Act, 2017 (Act 959), grants the OSP independent prosecutorial authority.
The move by the CSO coalition to join the case as amicus curiae is seen as part of a broader effort by civil society groups, legal experts, and policymakers to defend the independence and mandate of the OSP, as the country awaits a final ruling from the Supreme Court.
