Lecturer at the University of Professional Studies, Accra (UPSA) and Chief Executive Officer of the Centre for Constitutional and Electoral Studies (CenCES), Dr J. Kwabena Bomfeh Jnr, has described the recent High Court ruling on the Office of the Special Prosecutor (OSP) as symptomatic of broader governance challenges in Ghana.

Speaking on JoyNews’ Newsfile programme on Saturday, Dr Bomfeh reflected on the implications of the court’s April 15, 2026, decision, which held that the OSP lacks the constitutional authority to independently prosecute criminal cases without authorisation from the Attorney-General’s Department.

The ruling, citing Article 88 of the 1992 Constitution, affirmed that the power to initiate criminal prosecutions is vested exclusively in the Attorney-General unless formally delegated.

The court further ordered that all ongoing prosecutions being handled by the OSP be transferred to the Attorney-General’s Department.

The decision has created uncertainty around several corruption-related cases initiated by the anti-corruption body, effectively placing them in abeyance pending further legal direction.

The case followed a legal action by private citizen Peter Achibold Hyde, who questioned the legal basis for the OSP’s independent prosecutorial authority.

The ruling comes against the backdrop of a separate constitutional challenge currently before the Supreme Court, filed by Noah Ephraem Tetteh Adamtey, which seeks to have portions of the Office of the Special Prosecutor Act, 2017 (Act 959) declared unconstitutional.

The plaintiff contends that Parliament exceeded its constitutional mandate in granting the OSP independent prosecutorial powers, citing Articles 88(3) and 88(4).

Dr Bomfeh said the developments reflect five fundamental aspects of the state: the law and Parliament, the conduct of public officeholders, the Constitution as the parent law, the citizenry, and the guiding principles meant to govern national conduct.

“These are the key things,” he said.

Prefacing his remarks with quotations from historical figures, Dr Bomfeh cited Benjamin Franklin, emphasising humility and consensus in constitutional matters, Maya Angelou on the enduring impact of human interaction, and Hubert Humphrey on the role of the people in upholding the law.

Addressing the longstanding debate over separating the Attorney-General’s office from the Ministry of Justice, Dr Bomfeh referenced AKP Kluge’s 2010 J.B. Dankwa Memorial Lecture.

He noted that Ghana often blames systemic shortcomings rather than focusing on the integrity and commitment of officials.

“What matters are the personalities of the main officials and their dedication to good governance, the rule of law, and protection of fundamental rights,” he stated.

Drawing historical parallels, Dr Bomfeh highlighted the 1993 debate over the establishment of the Serious Fraud Office, citing the late Justice J.N.K. Taylor’s arguments regarding its constitutionality, which he said remain relevant to the OSP.

Critically, Dr Bomfeh questioned the role of the Attorney-General, Dr Dominic Ayine, in the legislative process that brought the OSP into law.

“When this bill was passed, who checked the parliamentary records? Who considered calls for a referendum, as some of us suggested? This law, in its strictest sense, could be seen as amending entrenched Article 88,” he warned.

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OSP Court Case Shows Ghana Has Governance Problems — Dr Bomfeh

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