The Supreme Court has ruled that the Office of the Special Prosecutor (OSP) is not a necessary party in a constitutional lawsuit challenging the legality of its core powers.
In a unanimous decision, the apex court dismissed an application by the OSP to join the suit filed by private citizen and legal scholar, Noah Ephraem Tetteh Adamtey, which seeks to invalidate key provisions of the Office of the Special Prosecutor Act, 2017 (Act 959).
The court held that the constitutional questions raised in the case can be fully determined between the plaintiff and the Attorney-General, without the direct participation of the OSP.
The OSP, represented by its Director of Prosecutions, Dr Isidore Tufuor, had argued that the office could not remain a passive observer in proceedings that directly threaten its independence and operational mandate.
The substantive suit targets Sections 4 and 33 of Act 959, which establish the OSP’s independent status and empower it to search for, seize and recover suspected “tainted property.”
“The reliefs sought directly affect the OSP. Although the suit is framed against the State, it fundamentally challenges the constitutionality of the powers exercised by the OSP,” Dr Tufuor told the court.
However, the Deputy Attorney-General, Dr Justice Srem-Sai, opposed the application, arguing that the OSP, as a creature of statute, lacks the legal standing to defend the constitutionality of the law that established it.
According to him, it is Parliament, as the creator of the office, that must answer questions relating to the validity of Act 959.
The plaintiff, Mr Adamtey, supported this position, insisting that the OSP has no private or proprietary interest that would justify its inclusion as a party to the suit.
The Supreme Court agreed, ruling that the Attorney-General remains the appropriate defendant to defend the law and the continued existence of the OSP.
The decision comes at a sensitive time for the anti-corruption office, which is currently handling several high-profile cases, including the prosecution of former Finance Minister Ken Ofori-Atta.
