Former Supreme Court judge William Atuguba has sought to allay growing concerns that corruption cases handled by the Office of the Special Prosecutor (OSP) could be invalidated if the Supreme Court rules against its prosecutorial authority.

His intervention comes as legal debate intensifies over the interpretation of Article 88 of the 1992 Constitution of Ghana and its relationship with the Office of the Special Prosecutor Act, 2017 (Act 959), the legislation that established the OSP.

An Accra High Court recently delivered a landmark ruling that significantly restricts the powers of the Office of the Special Prosecutor (OSP). On April 15, 2026, the court ruled that the OSP lacks the authority to independently prosecute criminal cases.

The court held that under Article 88(4) of the 1992 Constitution, the final authority for criminal prosecutions rests solely with the Attorney-General. Consequently, the OSP cannot initiate or continue prosecutions without express authorisation from the Attorney-General's office.

This specific ruling arose from a challenge brought by Peter Archibold Hyde, an individual under OSP investigation.

However, the final matter is likely to be settled by the Supreme Court.

“Not Like That” — Atuguba Reassures

Addressing fears of a legal domino effect, Justice Atuguba dismissed suggestions that a potential Supreme Court ruling could automatically nullify all prosecutions undertaken by the OSP.

“If the [Supreme] Court ends up by saying that the High Court judgement is right, or even if it is wrong, but they decide to cite the constitutionality, and they do it, there is the fear that all cases so far prosecuted are null and void, but it’s not like that. It’s not like that,” he stressed.

He explained that Ghana’s courts are guided not only by strict legal interpretation but also by the need to prevent injustice.

“The courts, in effect, seek to apply the law in such a way that it avoids injustice,” he added, suggesting that any constitutional ruling would likely be applied with caution to avoid disrupting settled cases.

The Constitutional Fault Line

The controversy centres on whether Parliament, through Act 959, can vest prosecutorial powers in the OSP independent of the Attorney-General, or whether such powers remain exclusively reserved for the AG under Article 88.

Article 88 vests the authority to initiate and conduct criminal prosecutions in the Attorney-General, raising questions about whether that authority can be delegated and, if so, to what extent.

The issue has gained urgency as the OSP continues to pursue high-profile corruption cases, positioning itself as a central pillar in Ghana’s anti-corruption architecture.

A ruling that narrows or redefines its prosecutorial powers could reshape how corruption cases are initiated and handled, potentially requiring closer collaboration or oversight by the Attorney-General’s Department.

However, Justice Atuguba’s remarks suggest that even in the event of an adverse ruling, the judiciary is unlikely to retroactively invalidate cases wholesale.

With the matter expected to be settled by the Supreme Court, attention is now firmly on how the apex court will reconcile the apparent tension between constitutional provisions and statutory law.

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Atuguba assures Supreme Court won't cancel all OSP-prosecuted cases

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