AG’s department to take over OSP prosecutions following High Court ruling

The Deputy Attorney-General and Minister for Justice, Dr Justice Srem-Sai, has confirmed that the Attorney-General’s Department will assume control of all criminal prosecutions currently being handled by the Office of the Special Prosecutor (OSP).

The decision follows a ruling by the Accra High Court on Wednesday, April 15, 2026, which directed that all ongoing prosecutions initiated by the OSP be transferred to the Attorney-General until the required authorisation for such prosecutions is secured.

The court further declared the OSP’s ongoing prosecutions null and void pending compliance with the necessary legal requirements.

Legal Challenge Triggers Ruling

The ruling stemmed from a legal challenge filed by an accused person, Peter Archiblod Hyde, who questioned the OSP’s authority to initiate and conduct prosecutions without prior authorisation from the Attorney-General.

His legal team argued that both the Constitution and the Office of the Special Prosecutor Act require such authorisation before proceedings can lawfully commence.

According to the Deputy Attorney-General, court records indicated that the OSP was unable to demonstrate that it had obtained the necessary approval, prompting the court’s directive.

Full Compliance Assured

In a statement shared on social media on Thursday, April 16, Dr Srem-Sai said the Attorney-General’s Department would fully comply with the ruling and begin steps to implement the order in the coming days.

“The Honourable Attorney-General has no intention or capacity to disobey or ignore the High Court’s order. Accordingly, the Office of the Attorney-General will, in the coming days, begin to take the necessary steps to give effect to the Court’s order,” he stated.

He added that the department remained committed to the rule of law and would ensure a smooth transition in handling the affected cases.

Significant Development for Anti-Corruption Framework

The ruling represents a significant development in Ghana’s anti-corruption prosecution framework, as it temporarily shifts active cases from the OSP to the Attorney-General’s Department while questions over prosecutorial authorisation are addressed.

Meanwhile, the Office of the Special Prosecutor has indicated that it will challenge the High Court’s decision, signalling a potential legal confrontation over the scope of its prosecutorial mandate and institutional independence.