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OSP can’t prosecute independently under constitution – Twum-Barimah
April 17, 2026
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OSP can’t prosecute independently under constitution – Twum-Barimah

Policy

Key Points

  • Former MP Paul A. Twum-Barimah defends a High Court ruling restricting the Office of the Special Prosecutor's (OSP) independent prosecutorial powers.
  • He argues that Article 88 of the 1992 Constitution vests prosecutorial authority solely in the Attorney-General, requiring OSP to have proper authorization.
  • Twum-Barimah cites constitutional supremacy (Article 1(2)) and the Supreme Court's interpretative authority (Article 130) to assert that the OSP Act cannot override the Constitution.
  • He emphasizes that while the OSP Act aims to fight corruption, it must not undermine constitutional order.
  • He urges the Supreme Court to provide final clarity to resolve judicial inconsistencies, warning of potential impacts on ongoing and past corruption cases.

Why This Matters

This article highlights a critical constitutional debate regarding the powers of the Office of the Special Prosecutor, directly impacting Ghana's anti-corruption efforts. A definitive ruling from the Supreme Court is essential for legal certainty, ensuring the effectiveness of corruption prosecutions and maintaining public confidence in the rule of law.

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