BY a unanimous decision, a five-member panel of Supreme Court judges yesterday ruled that the Office of the Special Prosecutor (OSP) cannot be a party to a suit challenging its constitutional powers.
Consequently, the court held that the Office of the Attorney General and Ministry of Justice is the only defendant in the action filed by a private legal practitioner, Noah Adamptey.
The court said it was of the considered view that the legal questions in the case brought before it concerning the constitutionality of the Office of the Special Prosecutor Act, 2017 (Act 959), can be fully resolved between the plaintiff and the Attorney-General without the OSP’s direct participation.
Dr Srem-Sai argued that because the OSP is a creation of the Legislature, it has no independent proprietary interest in defending the law that birthed it.
“The OSP has no independent interest in the matter… it is Parliament, as the creator of the office, that must answer for the constitutionality of the law establishing it,” Dr Srem-Sai contended.
On December 10, 2025, the plaintiff filed the suit at the apex court to challenge the constitutionality of Parliament’s decision to establish the Office of the Special Prosecutor (OSP), Deputy Attorney General, Justice Srem-Sai, has confirmed.
In a post on Wednesday, December 10, the Deputy AG disclosed that the citizen, identified as Noah Adamtey, has taken legal action against the Attorney General, arguing that Parliament exceeded its constitutional mandate in creating an independent prosecutorial office outside the control of the AG.
“I can confirm that a citizen – @NoahAdamtey – has sued the Attorney-General in Supreme Court suit number J1/3/2026,” Mr Srem-Sai wrote.
According to his grounds: Parliament has no power to set up an office of a prosecutor which is independent and outside the control of the Attorney-General.
According to him, the plaintiff’s case is centred on the position that Parliament has no power to set up an autonomous prosecutorial body that operates independently of the Attorney General, who is constitutionally mandated as the state’s chief prosecutor.
BY MALIK SULLEMANA
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