President John Dramani Mahama has waded into the brouhaha surrounding the independent prosecutorial powers of the Office of the Special Prosecutor (OSP). According to the President there is space for independent prosecutorial powers for the OSP. A high court in Accra in a judgment ordered the OSP to surrender all ongoing prosecutions to the Attorney General in the absence of express authorization. The OSP has since filed an appeal and a stay in the matter. The legal questions over the mandate of the OSP however continue to unfold in the courts with another case at the Supreme Court questioning the constitutionality of the creation. The Attorney General in his arguments at the Apex Court agrees with the private citizen who filed the case that the creation of the Office by Parliament was unconstitutional.
Some Civil Society Organisations have petitioned the President over the matter questioning the commitment of the NDC administration in the fight against corruption in the wake of the development.
However speaking at the 2026 May Day celebrations in Koforidua, the President acknowledged that the matter is currently before the courts but maintained that there is room to empower the anti-corruption body to function effectively.
“While some of the issues are pending appeal and Supreme Court interpretation, government believes that there is space for an effective Office of the Special Prosecutor with special powers of prosecution.”
The OSP was established in 2017 to investigate and prosecute corruption-related offences, particularly those involving public officials, and to operate with a degree of independence from political control. The ongoing legal dispute, however, has raised concerns about the extent of its prosecutorial powers and its effectiveness in leading anti-corruption efforts
