This article analyzes Ghana’s Supreme Court case (No. J1/3/2026), which challenges the constitutional validity of the Office of the Special Prosecutor (OSP) operating independently from the Attorney-General, as vested by Article 88 of the 1992 Constitution. The author, Amanda Clinton, argues that the OSP is positioned to defend its institutional survival by asserting parliamentary authority and the need for anti-corruption insulation from political influence. The piece places Ghana’s legal dilemma within a global pattern, comparing it to the dissolved Scorpions in South Africa, the constrained EACC in Kenya, and the politically pressured EFCC in Nigeria. The article states that the Supreme Court’s ruling will determine whether Ghana adopts a model of centralized prosecutorial control or a rare framework of institutional balance, with significant implications for anti-corruption credibility across Africa.

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Ghana’s OSP case and the global pattern of prosecutorial control

By Amanda Clinton

Ghana’s Supreme Court case, No. J1/3/2026, is more than a technical constitutional dispute.

At its core lies a defining question for the country’s governance architecture: can the Office of the Special Prosecutor (OSP) exist with meaningful prosecutorial independence, or must it operate strictly under the authority of the Attorney-General? That question has surfaced elsewhere—and the answers have rarely been neutral.

THE IMMEDIATE LEGAL FAULT LINE

The case challenges the constitutional validity of an independent prosecutorial body alongside the Attorney-General under Article 88 of the 1992 Constitution, which vests prosecutorial authority in the AG. This places the Office of the Special Prosecutor (OSP) at the very center of the dispute. In such situations, the OSP is not a passive observer. It can:

• Apply to be joined as an interested party, or
• File its own statement of case if already joined

Recent signals suggest it will not stand aside. The OSP has indicated it will challenge interpretations that subordinate it entirely to the Attorney-General, pointing to earlier judicial reasoning that allowed some operational autonomy. If it proceeds, its legal arguments are predictable but significant:

• Parliamentary authority to create specialized prosecutorial institutions
• A delegation framework, where the AG’s powers can be exercised through statutory bodies
• The anti-corruption rationale, which depends on insulation from political influence
• And a practical continuity argument: the OSP has already prosecuted cases—removing that power now risks legal uncertainty

This is not a peripheral intervention. It is a direct defence of institutional survival.

Martin Amidu Wades into Constitutionality of the OSP with Riveting Article

A FAMILIAR GLOBAL PATTERN

Ghana is not navigating new terrain. The tension between central prosecutorial authority and independent anti-corruption bodies has played out in multiple jurisdictions—with strikingly similar trajectories.

SOUTH AFRICA: THE RISE AND FALL OF THE SCORPIONS

The Scorpions were once a formidable anti-corruption unit with prosecutorial teeth. As their investigations moved closer to political elites, pressure mounted. Ultimately, they were dissolved and replaced with a less independent structure.

Institutional continuity was preserved in form, but operational independence was diluted. Public trust in anti-corruption enforcement took a measurable hit.

Effect: Institutional continuity was preserved in form, but operational independence was diluted. Public trust in anti-corruption enforcement took a measurable hit.

KENYA: EACC’S CONSTRAINED MANDATE

Kenya’s Ethics and Anti-Corruption Commission (EACC) was established with investigative powers but lacks prosecutorial independence. It must refer cases to the Director of Public Prosecutions (DPP), who retains full discretion over whether to proceed.

Effect: High-profile investigations have stalled at the prosecution stage. The structural subordination creates a bottleneck that can be exploited politically.

NIGERIA: EFCC UNDER POLITICAL PRESSURE

The Economic and Financial Crimes Commission (EFCC) operates with statutory prosecutorial powers, but its leadership has been subject to repeated political interference. Changes in administration have consistently led to shifts in enforcement priorities and leadership turnover.

Effect: The EFCC’s credibility fluctuates with political cycles. Its effectiveness is undermined not by constitutional constraints, but by a lack of institutional insulation.

THE PATTERN IS CLEAR

Where anti-corruption bodies have meaningful independence, they face sustained political pressure. Where they lack independence, they struggle to function effectively. The question is not whether tension will arise—it is how it will be resolved.

GHANA’S INSTITUTIONAL CHOICE

The Supreme Court’s decision will not merely interpret Article 88. It will determine whether Ghana opts for a model that prioritizes centralized prosecutorial control or one that permits institutional pluralism in the fight against corruption.

If the OSP’s independence is curtailed, Ghana joins a long list of jurisdictions where anti-corruption enforcement is formally robust but operationally constrained. If the Court finds room for both the AG and the OSP to coexist with distinct mandates, it creates a rare model of institutional balance.

THE STAKES BEYOND GHANA

This case matters beyond Ghana’s borders. It will be studied across Africa as a precedent for how constitutional interpretation shapes anti-corruption architecture. The decision will influence:

How other jurisdictions structure their own anti-corruption frameworks
The credibility of specialized prosecutorial institutions continent-wide
Investor confidence in governance stability and rule of law
The global pattern suggests that independence, once conceded, is rarely restored. If the OSP loses this case, it may never regain the autonomy it once had.

WHAT COMES NEXT

The OSP has signaled it will defend its mandate. The arguments will be legal, but the implications are deeply political. The Supreme Court will not simply rule on constitutional text—it will shape the future of anti-corruption enforcement in Ghana.

And if history is any guide, the outcome will echo far beyond the courtroom.

About the author:

Amanda Akuokor Clinton, Esq. LL.B, M.Sc, BVC, Gh. Bar

Amanda is the Founding Partner of Clinton Consultancy and a dynamic lawyer who was called to the Bar in England and Wales thirteen years ago and the Ghanaian Bar ten years ago. Amanda is a litigation expert with extensive corporate law experience in the U.K and Ghana. As one of the most recognised commercial lawyers in Ghana, she is regularly instructed by international clients who require bespoke, timely and accurate Due Diligence Reports as well as Legal Opinions: corporate, banking, telecommunications, property & construction and energy & infrastructure.

In this open letter to the British Ambassador, Seth Kwame Awuku challenges the United Kingdom’s abstention from a recent UN resolution naming the transatlantic slave trade a crime against humanity, and directly rebuts UK Opposition Leader Kemi Badenoch’s rejection of reparations. Awuku argues that the harms of slavery persist in broken economies and fractured societies, contrasting Britain’s swift 1833 financial compensation to slave owners with its refusal to address descendants’ suffering. He calls on Britain to abandon “selective memory,” embrace reparatory justice, and lead morally within the Commonwealth and Africa, concluding that true partnership requires confronting history’s unfinished ledger.

Open Letter to the British Ambassador on Reparatory Justice: Ghana’s Call to the British Government

Seth K. Awuku

Your Excellency,
In the grand theatre of nations, where history whispers its unfinished business through the voices of the living and the silent testimony of the dead, Ghana stood before the United Nations on 25 March 2026 and helped give birth to a resolution that named the transatlantic slave trade for what it truly was, one of humanity’s gravest crimes against the human spirit.

Much of the Global South rose in solemn chorus. Britain, once the restless engine and greatest beneficiary of that trade, chose to abstain.

Then came the voice of Kemi Badenoch, Leader of the Opposition and guardian of the Conservative flame in Britain. She declared that Britain should not only reject reparations but should have actively opposed the resolution itself. After all, why should today’s Britain pay for sins committed “hundreds of years ago”?

Your Excellency, Ghana replies with the patience of the ages: the chains did not rust away with abolition. The harm did not vanish when the last slave ship sailed into the horizon. Its consequences still walk among us, in broken economies, fractured societies, and the long shadow cast over Black humanity.

As our Minister of Foreign Affairs, Samuel Okudzeto Ablakwa, emphasized after the landmark United Nations vote, “To acknowledge this is not to diminish any other history; it is to deepen our collective moral awareness,” reminding the world that recognizing the past is essential to confronting its enduring effects.

Consider 1833, Your Excellency. When Britain passed the Slavery Abolition Act, she did not plead the distance of time. The British state reached deep into the public purse and paid a colossal sum, twenty million pounds sterling, a fortune that would dwarf billions today, not to the enslaved, but to the slave owners as compensation for the loss of their human “property.” The enslaved received nothing.

Kemi Badenoch’s position flows from the deep river of classical conservatism, as Edmund Burke once taught: reverence for continuity and a prudent refusal to burden today’s citizens with the unlimited debts of long-dead ancestors. Yet history, that mischievous witness and ultimate griot, complicates this doctrine. When property was at stake, time dissolved like morning mist. Britain acted swiftly and generously. When it came to recognising the personhood of the enslaved and their descendants, the same generosity vanished.

Kemi Badenoch would not have mattered so much if she were merely another British politician. What gives her words such resonance – and such danger – is that she is partly of African origin. Her Nigerian roots create the powerful impression that because a Black woman in high office speaks against reparations, her claims must carry special authority and must therefore be right. No, she is, respectfully, out of order, gone haywire, and her view can not be admissible in the moral universe.

Ghana, and much of Africa, speaks from a different moral universe. We insist that the legacies of slavery did not evaporate with the ink on abolition treaties. True justice cannot be confined to symbolic declarations or convenient cut-off dates. Africa’s triple heritage, indigenous resilience, Islamic encounter, and the Christian-Western overlay demand that we confront the full cost of that painful encounter.

Your Excellency, on this moral subject of international relations, Britain must cease its policy of abstention and reject the counsel of selective memory. Britain, heir to both empire and abolition, must rise above the comfort of conservative restraint and lead boldly on reparatory justice. Only through such moral leadership can Britain reclaim its rightful place as a trusted global actor, restore genuine respect across the Commonwealth, and forge deeper, more authentic relations with the nations of the African continent.

True partnership cannot be built on evasion of the past; it must be anchored in moral courage and a willingness to confront history’s unfinished ledger.

History, ever the ultimate griot, keeps its own meticulous accounts.

Ghana and the wider African continent are watching with hope that Britain will choose the path of light over shadow.

With respect and hope for a renewed and just partnership,

Seth K. Awuku
Takoradi, Ghana

Seth K. Awuku, Principal of Sovereign Advisory Ltd., Takoradi, is a Ghanaian writer who focuses on law, politics, diplomacy, and international relations.

In this sharp political commentary, Felix Anim-Appau draws a powerful parallel between the swift punishment of a hungry young man jailed for stealing a bunch of plantain and the persistent impunity enjoyed by Ghanaian public officials who have cost the state an estimated GH₵100 billion through financial irregularities over the past decade. The author argues that while President John Mahama has delivered notable economic improvements since taking office, his legacy will ultimately be judged not by falling inflation or stable exchange rates, but by whether he breaks the cycle of corruption that has defined successive administrations.

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Why President Mahama must not be the new Akufo-Addo

By Felix Anim-Appau

It was a normal week day at Assin Sibinso, my father’s hometown in the Assin South district of the Central region, almost two and a half decades ago.

I was visiting some teacher friends of mine after school when I saw Kwadwo Amoako, a young man in his mid to late twenties then, having been arrested by the residents for stealing a bunch of plantain because he was hungry.

He was beaten to pulp, paraded through the major streets of the community and later handed over to the police. Kwadwo was arraigned, convicted, and sentenced to two years imprisonment for stealing. There was no consideration for the fact that he was answering to nature’s call- hunger.

It’s been a while since I went to church but I remember in Matthew 12:1-8, Mark 2:23-28, and Luke 6:1-5, Jesus and his disciples harvested some corn and ate because they were hungry. Matthew 12:1 puts it as follows:

“At that time Jesus went through the grainfields on the Sabbath. His disciples were hungry and began to pick some heads of grain and eat them”.

The grain didn’t belong to them but it is interpreted by Bible scholars that once they were harvesting to eat and not to sell, it didn’t constitute stealing. If what the Bible says is anything to go by, it means if a man is hungry and takes something little to satisfy his hunger, that should not be deemed stealing.

But Ghana has laws which are incongruous with what’s in the Bible.So, what Kwadwo did is not permitted by Ghanaian laws. Because of that, he was beaten, shamed and jailed in addition.Ghana travel guide

The Auditor-General’s Report
In 2012, when Captain Smart assumed duty at Adom FM as the host of the morning show, the editorial segment dubbed: Fabɛwɔso, was mainly focused on the Report of the Auditor-General (A-G). When I became his Production Assistant in 2017, I had the opportunity to keep in my custody, some copies of the Report. Till date, I still have with me some photocopies of the malfeasance recorded by some state institutions at the time. It started in millions of cedis before increasing to billions.

According to the Auditor-General’s reports over the past decade as reported by Graphic.com, financial irregularities including misappropriation, cash irregularities, procurement breaches, and payroll fraud have cost the state approximately GH₵99.57 billion between 2014 and 2023.TV Shows & Programs

I have never been a friend of Mathematics, but I still remember that when a decimal is five or more, you can round it up to the nearest figure. So, in ten years, this nation lost GH₵100 billion to ‘public servants’ per the A-G’s report.

Public servants and politicians do what Kwadwo did, harvesting where they have not planted, and because they use pens and computers, unlike Kwadwo, who harvested someone’s plantain, or the armed robber who pulled a knife or a gun to rob, their acts have been classified with “nice adjectives” that do not present a true picture of their deeds.

Instead of describing their acts as stealing and labeling them as thieves, we say “financial irregularities,” categorised into misappropriation, cash irregularities, procurement breaches, payroll fraud, and a host of others. Oh, I forgot that other nice name under which all these deeds are branded: Corruption.

Every year, the A-G comes out with a report and I am yet to count just ten people who have been jailed directly in relation to these malfeasance uncovered by the Auditor-General in at least, the last decade.

Public servants and politicians alike, take what belongs to the State everyday. They create, loot and share. The New Patriotic Party (NPP) and National Democratic Congress (NDC) have been playing political chairs with power, and whoever gets the opportunity to govern mess our funds up and go unpunished. It has become a ‘scratch my back and let me scratch your back’ situation. And the few moments one government attempts a prosecution on a political opponent, party foot soldiers besiege the premises of the security agency undertaking the investigations to demand the release of the accused. The process is branded political witch-hunt.Election coverage.

Sometimes, I struggle to understand the mentality of the Ghanaian. Because a person belongs to your political party, it becomes a crime for him to answer to how he expended State funds? Due to this, politicians and civil servants always team up and turn our resources into their own, leaving the poor tax payer at the mercy of posterity.

Scandals under both NPP and NDC
Several high-profile political scandals have occurred in Ghana under both the National Democratic Congress (NDC) and New Patriotic Party (NPP) administrations between 2009 and 2024. I am not saying the years prior to that were scandal-free.Ghana travel guide

But for the purposes of this discussion, I want to limit it to this period. These involved allegations of corruption, procurement breaches, and financial mismanagement, frequently sparking intense public debate and political finger-pointing. However, few weeks after the release of the report, sometimes even days, we will not hear about it again until the next report comes.

If Ghana were any serious country, people should have been languishing in jail for their corrupt deeds. But as usual, scratch my back and I scratch your back so we are still where we are. Let me share with you a few of the major scandals recorded under both governments between the period in question.

Some scandals under NDC administration (2009 to 2016)
GYEEDA Scandal (2013): The Ghana Youth Employment and Entrepreneurial Agency (GYEEDA) was found to have paid millions of Ghana cedis to private companies through irregular, sole-sourced contracts for training and services that were largely non-existent.
SADA Guinea Fowl Scandal (2013): The Savannah Accelerated Development Authority (SADA) spent millions of cedis on projects, including a widely criticised guinea fowl rearing project, with little to show for the investment.
AMERI Deal Scandal (2015): The US$510 million deal for AMERI Energy to supply 10 power turbines to address the power crisis was deemed by opposition MPs to be severely inflated by over US$150 million.

• Some scandals under NPP administration (2017 to 2024)
  BOST Contaminated Fuel Scandal (2017): The Bulk Oil Storage and Transportation Company (BOST) sold 5 million litres of contaminated fuel to unlicensed companies, causing a financial loss of about GHC 15 million in revenue to the state.
• US$2.25 Billion Bond Saga (2017): Then Finance Minister, Kenneth Nana Yaw Ofori-Atta, who is now a fugitive from justice, was accused of a conflict of interest, alleging that the bond was tailored to benefit his cronies in the banking sector.
  Cash for Seat Scandal (2018): Expatriate businesses were allegedly charged up to US$100,000 to sit close to President Akufo-Addo at an awards ceremony, sparking accusations of influence peddling.
• PDS Electricity Scandal (2019): The contract to manage Ghana’s electricity distribution was terminated after it was discovered that the Power Distribution Services (PDS) provided fraudulent bank guarantees.
• Agyapa Royalties Deal (2020/2021): The government’s plan to monetise future gold royalties via a listing in Jersey in the Channel Islands (a British Crown Dependency known as a tax haven) was suspended following a report by the Special Prosecutor citing corruption risks, lack of transparency, and procurement breaches.

These are just a few of the many corruption cases reported by the Auditor-General between the period under consideration. Causing financial loss to the State at the various departments and agencies as well as state institutions occurs every year.

The ones I mentioned are just those the public will be familiar with. But the question is, how many people can we count as having been jailed for these scandals?

However, Kwadwo Amoako, like other petty thieves, was convicted and sentenced to two years imprisonment for taking someone’s plantain. As for those taking what belongs to the State, they are walking free. I wonder how this will not incentivise others to learn from those who have gone scot-free.

What influences the voting pattern of some of us
Mr. President, I know the wheels of justice turn slowly as you the politicians have always been telling us. But this time around, you must change the wheels if they’re old so they can move faster. We have been patient for too long and the political chairs have lingered for so many years.TV Shows & Programs

How long should we sit aloof for people to continue milking the state to enrich themselves and their families at the expense of the masses?

In his attempts to become President of the Republic, I voted for him because William Addo Dankwa Akufo-Addo was known to be the ‘no-nonsense’ man who had no heart to tolerate an iota of corruption under his watch.

But what did we see? He turned out to be the ‘Clearer-General’ who was clearing his appointees of corruption even before investigations were conducted.

Because you have been there before and promised to recover every penny taken from the State, many Ghanaians who are not members of the NDC voted for you to see that become a reality due to the level of rot we witnessed under the erstwhile administration.Election coverage

When you were voted into power, I gave you an 18-month “honeymoon” to put things in place before I start critiquing you. Because I felt eight years of damage was too much to be demanding a lot from you in less than a year and a half.

It’s not 18 months yet and what I expected you to be able to do from 18 months on, you were able to do that in less than a year after taking over power. Talk of inflation, exchange rate, fuel prices and what have you.

With the trajectory of the economy as you inherited and where it is now, only a political hypocrite or sycophant would say you haven’t done anything. The economic indices are awesome and I dare say that with what we witnessed under the Akufo-Addo/Bawumia administration, if they were still in power, Ghana’s exchange rate would have been hovering around 25 cedis to a dollar, with a litre of petrol not doing less than same amount.Ghana travel guide

This is based on global indices at their time compared to now, with the current tensions in the Middle East in perspective. Even though the NPP claim you didn’t do anything to achieve this economic feat, they couldn’t achieve same with the “something” they did at the time.

Why Mahama’s achievements will be ‘meaningless’ if…
Despite everything you have achieved and yet to achieve, for some of us, you’ll not be measured by how well the cedi stabilised under you, or how you improved the cost of living. You will not be in my good books for bringing down inflation or fuel prices. But the number of corrupt officials you were able to jail.

Many Ghanaians voted for you because of Operation Recover All Loot (ORAL). But how much have we recovered almost 18 months into your administration? Those who have been found by the Attorney-General, Dr Dominic Ayine, to have plundered the nation into losses are still walking in town as if they haven’t done anything wrong.

On the contrary, those who steal goats, fowls, coins and foodstuffs to satisfy their hunger just like Kwadwo Amoako are handed the swiftest sentences because they are poor. Meanwhile, those who are making the nation lose millions and billions are walking free and all we see from your Attorney-General is update upon update upon updates. Sixteen months is enough to have at least, recorded some convictions.

Another Auditor-General’s report has come and this time around, we don’t want it to be business as usual. We need action. You should act. I am not an expert in law, but I know there are fast-track courts where some cases can be expedited for people found culpable to go to jail.

Or are we going to do the usual back and forth for your tenure to end so that a new government will come and file dozens of nolle prosequis to free their apogees on trial? We are watching you closely to see if you would let people pay for their deeds or it would be business as usual.

Conclusion
Dear Mr. President, the Auditor-General’s reports have become a recurring narrative of causing financial loss to the State and impunity, with perpetrators often escaping accountability every year, at least, since the commencement of the Fourth Republic.

From Rawlings to Akufo-Addo, the Public Accounts Committee hearings has only become a mere formality, with the pattern of corruption being repeated as same movie script with different actors.

Every administration makes an attempt with some prosecutions, but these efforts are often dismissed as politically motivated witch-hunts. But if there are witches, why shouldn’t we hunt them? Why do we shy away from holding those responsible accountable?

Every pesewa misappropriated by these public officials as contained in the Auditor-General’s reports tells us the opportunities we are missing. Our classrooms lack furniture, our communities lack potable water, while basic amenities have become alien to our vicinities. Yet the poor are punished for the petty crimes they commit, while those who loot the State coffers walk free.

Mr. President, I know you’re not directly responsible for jailing people who misappropriate state resources. It is the courts. But, before that could be done, your Attorney-General and Minister of Justice must initiate prosecution for such people to face justice. You promised to recover the loots and I know you knew what you meant when you made that promise.

If you fail to realise this achievement of making those responsible for such losses face the full rigours of the law, your achievements in other areas will be of no relevance to some of us. We will not remember the economic growth or infrastructural projects you have accomplished if those through whom the nation lost billions still visit the same shopping malls with us and shop in trolleys as if they are going to open shopping marts in their homes, drive all the latest vehicles and live lavishly at the expense of the trader who risks her life to Burkina Faso to import tomatoes and pay taxes.

We see how some of your appointees laugh, dine and publicly worship some of the very people you all swore in opposition to prosecute if you’re given the mandate. Today, you’re in power and instead of such persons explaining to the courts how the state lost those huge sums of monies through them, your appointees are feasting with them. What happened, Mr. President?

If those causing financial loss to the State escape justice and walk as free men, describing those making it genuinely in life as lazy or useless because they have benefited in one way or the other from what the State lost through them, what then would be the motivation for people to do what is right? After all, they know they can create, loot and share, and in the end, nothing will happen.

In all honesty, if we don’t see as many prosecutions and convictions as possible under your tenure, I, for one, will not see any difference between your administration and that of Akufo-Addo.

It is time to break this cycle of impunity and show Ghanaians that Justice, is not merely a name given to males in Ghana, nor is it just a title for judges at the courts; Probity and Accountability, are not mere political slogans; but rather, words that should remind every Ghanaian entrusted with State resources that, one day, they will account for their stewardship and should therefore discharge the role as if whatever is under their care are their personal or family properties.TV Shows & Programs

The words have been enough since 1992 and the time for action is now.

Sincerely,
Felix Anim-Appau.

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The writer, Felix Anim-Appau, works with the online unit at Media General. The views expressed in this piece are his personal opinions and do not reflect, in any form or shape, those of the Media General Group, where he works. His email address is kwadwoasiedu2012@gmail.com, and he can be found on X as @platofintegrity