A coalition of civil society organisations has warned that Ghana’s fight against corruption is at risk after recent court decisions and legal moves that challenge the powers of the Office of the Special Prosecutor.
The groups say the developments could derail ongoing prosecutions and are urging the public to demand an independent public prosecutor, separate from the Attorney General, to safeguard accountability.
Their concerns follow a series of legal actions in April. On 8 April, the Attorney General filed processes at the Supreme Court in a case brought by Noah Adamtey, backing arguments that parts of the Office of the Special Prosecutor Act, 2017, which allow the office to prosecute without the Attorney General’s permission, are unconstitutional.
A week later, on 15 April, a High Court in Accra ruled in a separate case that the Special Prosecutor does not have the authority to prosecute without the Attorney General’s approval. The court ordered the Attorney General to take over all cases being handled by the office and declared previous prosecutions by the Special Prosecutor null and void.
The Deputy Attorney General said the state had moved to assume control of all such cases. However, the Office of the Special Prosecutor said the ruling conflicts with an earlier High Court decision that had paused similar proceedings pending the outcome of the Supreme Court case. It says it will take further legal steps.
Civil society groups say the situation has created uncertainty and could halt corruption cases already before the courts.
They argue that Ghanaians have long called for an independent prosecutorial system, citing concerns that the Attorney General, as a political appointee, may face conflicts of interest when dealing with cases involving government officials.
The idea of separating prosecutorial powers from the Attorney General has been discussed for more than two decades, including in Ghana’s 2004 assessment under the Africa Peer Review Mechanism. It was later reflected in the National Anti Corruption Action Plan and led to the creation of the Office of the Special Prosecutor in 2017.
The groups insist the law establishing the office is constitutional and say they will seek to join the Supreme Court case to defend it.
They have also criticised the High Court ruling, describing it as inconsistent and unhelpful while the matter is still before the Supreme Court. They expect the Special Prosecutor to challenge the orders.
The coalition says the current moment should be used to strengthen, not weaken, anti corruption institutions. It is calling for constitutional reforms to fully establish an independent public prosecutor.
The groups warn that public confidence is already being affected. They point to estimates suggesting Ghana loses about three billion dollars a year to corruption and say the country cannot afford to reverse progress.
They are urging citizens to remain vigilant and hold public officials to account, insisting that efforts to weaken the system must be resisted.
The statement is signed by several organisations, including the Ghana Center for Democratic Development, STAR Ghana Foundation, Ghana Anti Corruption Coalition, Transparency International, Democracy Hub, Penplusbytes, Parliamentary Network Africa, IMANI Africa, Africa Center for Energy Policy, NORSAAC, One Movement Ghana and Africa Education Watch.
