Commentary
Martin Amidu Wades into Constitutionality of the OSP with Riveting Article
In this feature article, former Special Prosecutor Martin Amidu examines the constitutional challenge brought by one Noah Ephraem Tetteh Adamtey against the Office of the Special Prosecutor Act, 2017 (Act 959), currently pending before Ghana’s Supreme Court. Amidu notes that the Attorney-General has filed a Statement of Case that substantially agrees with the plaintiff’s position that Sections 3(3) and 4 of Act 959 violate Articles 88, 93(2), and 296 of the 1992 Constitution. He criticizes CDD-Ghana Executive Director H. Kwasi Prempeh for attacking the Supreme Court’s unanimous ruling that refused the OSP’s application to join the case as a second defendant, arguing that the ruling was consistent with Article 88(5), which requires all civil proceedings against the State to be instituted against the Attorney-General. Amidu, the first to be appointed Special Prosecutor, identifies defects in both the plaintiff’s writ, noting that Sections 3(3) and 4 do not actually confer the powers the plaintiff claims, and the Attorney-General’s proposed case, which he describes as lacking neutrality and balance. He concludes that the relationship between the Special Prosecutor and the Attorney-General under the current government has broken down beyond repair, and the two cannot co-exist effectively in the fight against corruption.
The constitutionality of the Office of the Special Prosecutor 2017 (ACT 959)
By Martin Amidu (Former Special Prosecutor)
Date: Saturday, 18 April 2026
INTRODUCTION
One Noah Ephraem Tetteh Adamtey has succeeded in raising the question of the constitutionality of the Office of the Special Prosecutor Act, 2017 (Act 959) for interpretation and declaratory reliefs before the Supreme Court in an action he commenced against the Attorney-General on 8 December 2025. An earlier attempt by Mr. Ken Agyei Kuranchie in 2023 challenging the constitutionality of Act 959 was discontinued in July 2024 by the Supreme Court for lack of prosecution and without liberty to bring a further action against the Attorney-General.
The Defendant in the Adamtey action, the Attorney-General, failed to timely file a defence to the action as required by the Rules of the Supreme Court, despite the fact that the Deputy Attorney-General was the source of a leak of the fact that the Plaintiff had commenced the action against the constitutionality of Act 959. Exactly four months after the commencement of the action by the Plaintiff against the Republic of Ghana, with the Attorney-General as Defendant, the Defendant filed an application on 8 April 2026 in the Supreme Court praying for leave for extension of time to file the Statement of Case for the Defendant, fixed for hearing on 16 April 2026. The Statement of Case of the Defendant, as required by the Rules of the Supreme Court, was exhibited to the application for extension of time as “Exhibit AG1” and contains the Attorney-General’s case, which substantially agrees with the Plaintiff’s case. (The Court has since granted the extension of time.)
Between 8 December 2025, when the Plaintiff filed his action, and 8 April 2026, when the Defendant filed his application for extension of time, the Office of the Special Prosecutor (OSP) sought, by an application filed in the Supreme Court on 15 December 2025 and disposed of on 27 January 2026, to join the action as Second Defendant. The Supreme Court refused the joinder in a unanimous ruling, stating that:
“…We are of the view that the Office of the Special Prosecutor is not a necessary party to the action and that this suit may be properly adjudicated upon without their presence as parties. This application for joinder is therefore refused.”
Noah Ephraem Tetteh Adamtey’s action against the Attorney-General was known and available to the public and to anti-corruption civil society organisations since the case was filed in the Supreme Court on 8 December 2025. The Rules of the Supreme Court allow Interested Parties, who take the view that a constitutional action raises issues impacting them, to apply to join such action. There is no evidence that since the Plaintiff filed his action on 8 December 2025, any person or civil society organisation has applied to join the action as an Interested Party to make submissions contesting the Plaintiff’s case.
AN EXAMINATION OF THE REACTION TO DEFENDANT’S CASE
Nonetheless, immediately after the Defendant, the Attorney-General’s application for extension of time became public, the Executive Director of a civil society organisation called CDD-Ghana took to social media to attack the ruling of the Supreme Court delivered on 27 January 2026 for refusing to allow the OSP to join the action as Second Defendant.
The anti-corruption civil society organisations, which are organised under the umbrella of CDD-Ghana, have a stake in the existence of the OSP, as it impacts their ability to source donations from donors for their anti-corruption campaigns.
Mr. H. Kwasi Prempeh, the Executive Director of the Centre for Democratic Development (CDD-Ghana), who played a central role with President Akufo-Addo and his Attorney-General, Ms. Gloria Akuffo, in the drafting and submission of the Office of the Special Prosecutor Bill, 2017 to Parliament for enactment into law as Act 959, now blames the Supreme Court for complying with the mandatory terms of Article 88(5) of the Constitution in refusing the joinder application by the OSP. Article 88(5) of the 1992 Constitution states that “all civil proceedings against the State shall be instituted against the Attorney-General as defendant.” The unanimous decision of the Supreme Court dated 27 January 2026 refusing the OSP’s application for joinder is consistent with Article 88(5) of the Constitution.
In any case, the post facto condemnation of the ruling of the Supreme Court is premised on the false assumption that, despite the wording of Article 88(5) of the Constitution, the Supreme Court’s ruling endorsed any conduct of the Attorney-General that colludes with the substance of the Plaintiff’s action in the Statement of Case. Nothing under adversarial justice prevents a Defendant from admitting the case of the Plaintiff or part thereof, as the Attorney-General’s draft Statement of Case proposes, however unethical it may seem.
Mr. H. Kwasi Prempeh is not qualified to hold himself out as a person qualified to practise law in Ghana, let alone qualify for appointment to any court in Ghana, and should not behave as though he understands the constitutional law of Ghana and the rules of practice of the Supreme Court better than the Chief Justice and the four other Justices of the Supreme Court who refused the joinder application of the OSP. The fact that the Akufo-Addo Government, with whom he was associated, appointed him to the Law Reform Commission does not qualify him to speak as though he is a properly qualified legal practitioner in Ghana.
The proper course for any person or body of persons who disagree with the position taken by the Attorney-General on the action filed by the Plaintiff on 8 December 2025 challenging the constitutionality of Act 959 is to apply to the Supreme Court as Interested Parties and submit arguments as to why the provisions of Act 959 being challenged are constitutional.
DEFECTS OF THE PLAINTIFF’S WRIT AND CAUSE OF ACTION
On 8 December 2025, one Noah Ephraem Tetteh Adamtey commenced an action in the Supreme Court of Ghana against the Attorney-General challenging the constitutionality of portions of the Office of the Special Prosecutor Act, 2017 (Act 959). The Plaintiff sought eight reliefs. The main contention of the Plaintiff, discernible from the first five reliefs, is that Sections 3(3) and 4 of Act 959 are inconsistent with and contravene Articles 88, 93(2) and 296 of the 1992 Constitution and are accordingly void.
Article 88(3) and (4) delegates the executive authority and responsibility of the President under Article 58 of the Constitution to the Attorney-General for the initiation and conduct of all prosecutions of criminal offences. All criminal offences are to be prosecuted in the name of the Republic of Ghana at the suit of the Attorney-General or any other person authorised by him in accordance with any law.
The substance of the Plaintiff’s first five reliefs anchored on Section 3(3) of Act 959 states that:
“A declaration that Sections 3(3) and 4 of Act 959, in purporting to make the Office of the Special Prosecutor independent of the Attorney-General in the initiation, conduct, and termination of prosecutions, violates the Constitution.”
The problem which any experienced and erudite constitutional advocate in the Supreme Court will immediately recognise is that Sections 3(3) and 4 of Act 959 do not confer upon the Special Prosecutor the powers the Plaintiff claims they do. Section 3 of Act 959 deals with the functions of the OSP and not the powers of the Special Prosecutor.
Section 4 of Act 959 deals with the mandate of the Office, and subsection (2) thereof subjects the powers of the Special Prosecutor to Article 88(4) of the Constitution and therefore cannot be said to be void. The Plaintiff also attempts in reliefs (a) and (b) to rely on Article 296 of the Constitution on discretionary power, as though it applies to prosecutorial discretion of the Attorney-General. However, experienced legal representation by an Interested Party may argue that prosecutorial discretion derives from the common law as part of the existing law under Article 11 of the Constitution, which restricts judicial interference in prosecutorial discretion.
The sixth relief appears contradictory, or at best alternative, when it seeks:
“A declaration that any statutory delegation of prosecutorial authority made pursuant to Act 959 does not bind subsequent Attorneys-General and lapses upon the assumption of office of a new Attorney-General unless re-authorised by that Attorney-General.”
This relief cannot co-exist with the first five reliefs and cannot properly constitute part of the same cause of action. The Plaintiff appears to concede that Act 959 is intra vires Article 88, except in relation to its effect on succeeding Attorneys-General.
DEFECTS OF THE ATTORNEY-GENERAL’S PROPOSED CASE
The draft Statement of Case of the Defendant exhibited to the application for extension of time filed on 8 April 2026 also contains contradictory submissions, misrepresentations of fact and law, which any experienced practitioner of constitutional law appearing as an Interested Party may bring to the attention of the Court.
The Attorney-General is at all times an officer of the Court, expected to assist in the administration of justice without fear or favour. One would therefore expect the Defendant’s Statement of Case to objectively and impartially address the implications of the nomination of the Special Prosecutor by the Attorney-General for appointment by the President, and its effect on prosecutorial powers under Act 959.
The Supreme Court may also be assisted by comparative reasoning, including the US Supreme Court decision in Morrison v Olson, 487 U.S. 654 (1988), which upheld independent counsel provisions under the Ethics in Government Act.
CONCLUSION
This discourse should not be interpreted as an endorsement of the constitutionality of Act 959. I have previously indicated that I anticipated challenges to Act 959 during my tenure as Special Prosecutor, and I was not surprised when such challenges eventually arose.
The Attorney-General’s Statement of Case, as proposed, does not appear to present a neutral or balanced response capable of assisting the Supreme Court in resolving the constitutional issues fairly. Rather, it appears to substantially align with the Plaintiff’s case.
At the end of the day, the relationship between the Special Prosecutor and the Attorney-General under this Government appears to have broken down beyond repair. The Special Prosecutor and the Attorney-General, as presently constituted, cannot co-exist effectively in the fight against corruption.
Commentary
Reflections on Ghana And the Future it Deserves | By Simone Giger, Swiss Ambassador to Ghana
As her diplomatic tenure in West Africa draws to a close, Swiss Ambassador Simone Giger pens a reflective and heartfelt tribute to Ghana’s enduring national character. Having traveled extensively across the country—from Paga to Keta and Wa to Goaso—she offers an intimate, human-centered assessment of a nation defined by its resilient democratic culture, youthful ambition, and an infectious “vibe” that fosters cohesion. In this candid farewell, Ambassador Giger explores the complex challenges threatening Ghana’s ecological treasures and argues that sustained institutional reform, rather than outside invention, is the key to unlocking the prosperous future the country so clearly deserves.
Travelling through northern Ghana, this author once stopped in a small community after a long journey. Despite the day’s heat and the demands of daily life, residents welcomed visitors with warm smiles, easy laughter and an eagerness to share stories about their hopes for the future.
It was a simple encounter, yet it captured something profoundly Ghanaian: an enduring optimism that persists even in difficult circumstances.
In diplomacy, countries are often assessed through official meetings, economic indicators and policy documents. Yet to truly understand a nation, one must travel through it, listen to its people, appreciate its strengths, observe its contradictions and understand the aspirations that shape everyday life.
As the end of a diplomatic assignment in Ghana approaches, this author finds reason to reflect deeply on a country that has left a lasting impression, not only professionally but personally.
Over the past four years, extensive travels across Ghana—from Paga to Keta, Damongo to Donkokrom, and Wa to Goaso—have revealed a country of extraordinary diversity, complexity, creativity and resilience.
Every journey has unveiled a different dimension of Ghana. Yet one common thread consistently emerges: a nation brimming with potential.
There is something profoundly remarkable about Ghana and its national character, what many Ghanaians simply describe as the country’s “vibe”.
It is evident in the warmth extended to strangers, the humour with which difficulties are confronted and the optimism that endures even during periods of uncertainty.
Even in challenging moments, there is often a joke, a proverb or a story that helps place events in perspective.
In this author’s view, that national character has become one of the essential ingredients behind Ghana’s democratic success.
At a time when democratic systems around the world are facing increasing pressure, polarisation and distrust, Ghana continues to distinguish itself through its commitment to dialogue, constitutional order and peaceful coexistence.
Democracy here is not perfect. No democracy truly is, including Switzerland’s.
What matters is that it remains alive, active and deeply valued by citizens.
Over the years, Ghana has established itself as an important democratic reference point in West Africa.
The country has repeatedly demonstrated that political competition can coexist with stability, that transfers of power can occur peacefully and that national debates can take place within institutional frameworks rather than outside them.
Such achievements should never be taken for granted.
Democracy is not sustained by elections alone.
It requires strong institutions, active citizens, credible public discourse and a continuous willingness to negotiate consensus across political, ethnic, religious and generational lines.
One can observe that Ghana’s diversity presents both opportunities and challenges. Yet this author has often admired the manner in which the country continues to navigate these varied interests while preserving national cohesion.
In many respects, this is where Ghana’s democratic future becomes particularly important.
The country possesses extraordinary human capital.
Wherever this author travelled, young people displayed ambition, intelligence, creativity and determination.
Ghana’s greatest resource is not found beneath the ground.
It resides in its people, their ideas and their aspirations.
Ideas and aspirations, however, require systems that function effectively if they are to translate into meaningful and productive outcomes.
When institutions are transparent, responsive, accountable and trusted, they unlock innovation, investment and opportunity.
When they are weak or inconsistent, they risk frustrating the very energy capable of propelling a nation forward.
This is why governance reforms remain so important to Ghana’s long-term trajectory.
One development that particularly impressed this author during the diplomatic assignment has been Ghana’s constitutional review process.
What stands out is not only the process itself, but also the spirit behind it – a willingness to reflect critically on how democratic governance can evolve to meet contemporary realities and future expectations.
This demonstrates political maturity.
Constitutions should never be viewed as static documents frozen in time.
Strong democracies periodically examine whether their systems remain responsive, inclusive and effective.
Ghana’s consultative approach reflects a country seeking not merely to preserve democracy, but to improve it.
Switzerland is proud to support these home-grown efforts and remains committed to supporting the constitutional reform process until its hoped-for successful conclusion.
History demonstrates that democratic stability does not emerge automatically.
It requires deliberate investment in participation, inclusion and dialogue.
Swiss democracy itself evolved gradually through compromise, negotiation and the understanding that national cohesion is strengthened when citizens feel ownership over public decisions.
One can observe important similarities between Ghana and Switzerland.
Both countries are diverse societies that have chosen coexistence over division.
Both understand that stability is strongest when different voices are heard and accommodated.
Both appreciate the importance of consensus-building in national life.
This shared philosophy has shaped bilateral cooperation over many decades.
Today, the partnership continues to evolve in both breadth and depth.
Switzerland currently supports initiatives focused on democratic governance, parliamentary cooperation, decentralisation, peace and security, cultural exchange, environmental integrity, climate adaptation and economic development.
Switzerland and Ghana may differ in geography, history and scale, yet both countries share a belief in dialogue and cooperation as foundations for national progress.
Despite Ghana’s bright prospects, one cannot ignore the challenges confronting the country.
No nation can fully realise its potential without confronting difficult issues directly.
During the years spent in Ghana, citizens from various walks of life spoke openly about concerns surrounding institutional effectiveness, economic opportunity, environmental degradation and governance accountability.
Such conversations reflected not pessimism, but a desire to see the country fulfil its promise.
Particularly concerning is the destruction caused by illegal mining activities.
Ghana’s rivers, forests and landscapes are among its greatest treasures.
Environmental degradation is not merely an ecological issue.
It is fundamentally a matter of intergenerational responsibility.
Future prosperity depends on preserving the natural foundation upon which communities, livelihoods and national identity are built.
Yet despite these challenges, this author remains deeply optimistic about Ghana’s future.
That optimism stems not from idealism but from observation.
The future of democracy globally will not be shaped only by geopolitical actors or large states.
Medium-sized countries such as Switzerland and Ghana also have important roles to play.
They can demonstrate that democratic resilience, peaceful coexistence and institutional reform remain both possible and necessary.
As this diplomatic assignment draws to a close, there is profound gratitude for the opportunity to have lived and worked in Ghana.
Over the years, this author has come to admire the country not only for its democratic achievements, but also for its humanity – its warmth, creativity, humour and enduring sense of possibility.
The task ahead is not to invent Ghana’s future.
Rather, it is to create the institutional conditions necessary for that future to emerge fully.
From all that has been observed across the country, there is every reason to believe that Ghana can achieve precisely that.
The author, Simone Giger, is the Swiss Ambassador to Ghana, Togo and Benin
Commentary
Authentic Voices, Foreign Narratives and the Fortune Madondo Case | By Joseph McCarthy
This article by Joseph McCarthy, an analyst and researcher focusing on governance, security, and political transitions in the Sahel, argues that modern influence in Africa often spreads not through propaganda but through credible African voices that carry narratives aligned with the interests of external powers. Read the full article below.
Authentic Voices, Foreign Narratives and the Fortune Madondo Case
How Russian narratives are travelling through authentic African voices, and what the Fortune Madondo case reveals about it
By Joseph McCarthy
For years, the word disinformation conjured a familiar picture: troll farms, fake accounts and automated bots flooding the internet with crude propaganda. Those methods still exist, but influence operations have matured. The most effective messenger today is rarely an anonymous account. It is a real person, with a real name, a credible public profile and convictions he appears to hold sincerely.
The case of Fortune Madondo illustrates the shift. He is no online provocateur hiding behind a pseudonym; he is a Zimbabwean teacher and the founder of a youth organisation, with a documented life in his community. He writes under his own name, identified in his byline only as an “African Teacher,” with no institution given, and his views seem consistent with his stated beliefs. What matters is less who he is than what he carries. Across more than fifty articles in twelve months, most of them on Pan-African platforms, the line never wavers: praise for the military juntas of the Sahel, attacks on Western governments and on AFRICOM, condemnation of France’s role in Africa, and the celebration of resource sovereignty against foreign plunder. Whether by design or by conviction, these themes closely align with the narratives Moscow has sought to amplify across the continent.
That alignment, not the man, is the point. Influence no longer requires recruitment, payment or instruction. A foreign power’s objectives can be served just as well by people who believe every word they write, because the force of the message lies in its local authenticity. A reader will trust an African voice discussing African problems far sooner than a communiqué from Moscow. So the useful question is not whether Fortune Madondo is a Russian agent; there is no public evidence that he is. The question is who benefits when local voices, sincere or not, repeatedly reinforce narratives that happen to serve a foreign strategy.
Consider how this interacts with Pan-Africanism. Russia has spent years presenting itself as a champion of African sovereignty and an enemy of colonialism, language that resonates because it draws on real historical wounds. Madondo’s writing sits comfortably within that tradition, and many African intellectuals share his instincts. Yet the scrutiny runs in only one direction. The West is relentlessly interrogated; Moscow, despite its expanding military, mining, and political footprint, is almost never asked the same questions. If Pan-Africanism is the defence of African sovereignty against all external control, the principle must apply evenly. When French deployments are called neo-colonial, Russian military contractors deserve the same examination; when Western extraction is condemned, so should Russian mining concessions. When he co-signed an appeal in late 2024 demanding both that Russian troops leave Ukraine and that French troops leave Africa, the false symmetry itself did Moscow’s work. A Pan-Africanism that suspects only one power risks sliding from a doctrine of independence into an instrument of another’s ambition.
The Madondo question also points to a place: Ghana. Over the past two years, the country has drawn growing attention from foreign actors keen to enter its media space, and the reason is structural. Ghana is one of Africa’s most respected democracies and a heavyweight in anglophone media; what is published in Accra travels across West Africa and beyond. In December 2025, Ghanaian journalists attended a SputnikPro seminar co-organised by the Russian Embassy and the Ghana-Russia Centre, led by Vasily Pushkov of Rossiya Segodnya, the state group behind the Sputnik news agency. Other moves followed, among them a cooperation agreement with Ghana’s main journalism university and the opening of a Russian cultural centre. None of this is illegal. But influence secured in Ghana enjoys a multiplier effect that few other markets offer.
The mechanism is quieter than propaganda and more durable. People do not trust propaganda; they trust outlets they already consider credible. A publication earns that trust through genuine local reporting, and the reader then assumes that everything on the page has cleared the same editorial bar. That is where credibility is transferred: from the newsroom’s real work to syndicated columns, opinion pieces and, on some platforms, verbatim Russian state material set at the same level as a story on local agriculture. Repetition completes the effect. Ten near-identical articles across ten outlets read as an independent consensus; the reader concludes that everyone is saying this, when in truth, the same viewpoint is simply circling back. Influence here comes not from proving a claim, but from normalising it.
The significance of the Madondo case, then, is not the unmasking of an operative; the evidence does not support that, and the chase would miss the point. It is the growing difficulty of telling sincere conviction apart from narratives engineered to serve someone else’s strategy, in an environment where influence travels through authentic voices, trusted platforms and ideas that genuinely resonate. The defence is not a hunt for enemies but the slower work of critical thinking, editorial transparency and media literacy. The question is no longer simply who is speaking. It is whose interests are served when the same narrative is amplified, again and again, across the continent.
Joseph McCarthy is an analyst and researcher focusing on governance, security, and political transitions in the Sahel. He writes on geopolitics, development, and African diplomacy. Email: joecarthy30@gmail.com
Commentary
5 Reasons Ghana’s Floating Dock Could Reshape West Africa’s Maritime Economy
Ghana has inked a £215 million ( $287. 5 million) deal with the United Kingdom, anchored by a £101 million ($135.05 million) floating dock in Takoradi.
If successful, it will become the Gulf of Guinea’s first modern, commercially operated ship repair facility.
Here is what is at stake.
1. The Gulf of Guinea Loses Millions While Ships Sail Elsewhere for Repairs
The Gulf of Guinea is one of Africa’s busiest shipping corridors, crowded with oil tankers, cargo vessels, and offshore support ships. Yet almost all major repairs happen outside the region, often in Namibia, Spain, or beyond. Every vessel that bypasses West Africa carries away not just steel but also jobs, technical knowledge, and national revenue. The region pays the repair bill elsewhere and receives none of the associated economic ripple effects.
2. A Floating Dock Is Only the Beginning – The Real Prize Is a Maritime Services Cluster
The dock itself is just hardware. The true opportunity lies in building a complete ecosystem around it: logistics, steel fabrication, waste management, security, crew training, catering, and port-side supply chains. Without these supporting industries, the dock becomes an isolated asset rather than an engine of local employment.
3. Ghana Already Has Indigenous Firms Ready to Scale
Homegrown players such as Rigworld have proven capabilities in marine and industrial services. The pivotal question is whether this project allows those firms to grow or whether foreign operators will absorb the most valuable contracts. Local-content policies will determine the answer.
4. Success Depends on Transparent, Proactive Government Measures
Infrastructure alone guarantees nothing. Authorities must publish tender opportunities clearly and early, establish a centralized supplier portal, offer certification support to local businesses, and ensure that Ghanaian small and medium enterprises can access affordable working capital. Without deliberate rules, international firms may capture the entire supply chain while domestic companies watch from the shore.
5. If Ghana Succeeds, Takoradi Becomes a Blueprint for African Value Retention
Should Ghana get this right, the floating dock could become a template for how African economies retain more value from their own geographic advantages. If it fails, the region will simply have acquired another expensive piece of imported equipment with little local benefit. The Gulf of Guinea offers no shortage of ships. Whether Ghanaian businesses—not just foreign firms—will profit from them remains the only question that truly matters.
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