Court Nullifies Special Prosecutor Cases, Restores Full Power to Attorney General

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May 18, 2026

The High Court in Accra has ruled that all criminal prosecutions handled by the Office of the Special Prosecutor must be transferred to the Attorney General, effectively stripping the Special Prosecutor of independent prosecutorial authority.
The court further declared all ongoing prosecutions by the Special Prosecutor null and void. This decision impacts several high-profile cases, including that involving former Finance Minister, Ken Ofori-Atta.
According to the ruling, the Special Prosecutor can no longer initiate or pursue prosecutions without first obtaining permission from the Attorney General.
Justice John Eugene Nyadu Nyante issued the ruling after a legal challenge questioned the constitutionality of the Special Prosecutor’s powers. In addition, the court imposed a cost of GH¢15,000 against the office.
The Office of the Attorney General supported the challenge, arguing that Parliament exceeded its authority by granting independent prosecutorial powers to the Special Prosecutor under the Office of the Special Prosecutor Act, 2017 (Act 959).
In its submission, the Attorney General referenced Article 88 of the Constitution, which vests prosecutorial authority solely in that office. While delegation is permitted, it argued that such powers can only be assigned to individuals—not independent institutions.
The ruling now places full prosecutorial control back in the hands of the Attorney General, significantly altering the operational scope of the Office of the Special Prosecutor.