The learned Deputy Attorney-General (A-G) has filed proposed arguments (see below for copy of proposed Statement of Case) seeking the Supreme Court to declare section 4(2) of the Office of the Special Prosecutor Act 2017, (Act 959) (OSP Act) unconstitutional and to the extent of the unconstitutionality, same declared a nullity and struck down.

Section 4(2) of the OSP Act mandates the Attorney- General to authorise the OSP to initiate and conduct the prosecution of corruption and corruption related offences. According to the proposed Statement of Case of the A-G filed on Wednesday, the 8th day of April, 2026, the OSPe has, since the year 2018, "been investigating such allegations and suspicions, and prosecuting the offences that relate to them, even without such requisite authorisation by the Attorney-General."

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Per arguments to be filed by the A-G upon the grant of extension to file his Statement of Case, the A-G, lucidly argues in defence of the prosecutorial powers of the A-G as per Article 88 of the 1992 Constitution of the Republic of Ghana. The A-G argues, that any prosecutions by the State require authorisation from the A-G which parliament cannot take away from the A-G by ordinary legislation.

Dr. Srem Sai shall argue per filed processes at the registry of the Supreme Court, that the A-G can only authorise natural persons to prosecute and not non-natural persons as under the OSP Act. Per the filed motion and proposed arguments of the A-G, the A-G shall seek declarations from the Supreme Court "a. That Parliament has, by an ordinary legislation, varied the constitutional prosecutorial powers of the Attorney-General; and b. That, by so doing, Parliament has acted in excess of its powers."

Summary of A-G Arguments

The A-G shall seek to argue upon the grant of extension for the filing of his Statement of Case the following, "Based on the above facts and issues, the Attorney-General presents the following augments:

a. That the prosecutorial powers of the Republic vests in the Attorney-General alone,

b. That the Office of the Special Prosecutor Act does compel the Attorney-General to authorise the Office of the Special Prosecutor to prosecute offences,

.c That Parliament may not compel the Attorney-General to authorise a person to prosecute an offence,

d. That the Office of the Special Prosecutor Act does vary the Attorney-General's prosecutorial powers,

e. That Parliament may not, by an ordinary legislation, vary the Attorney-General's prosecutorial powers, and

f. That a prosecutorial power may not be delegated to a juridical person."

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