According to the AG, while Article 88(4) allows the Attorney General to delegate prosecutorial powers, the law establishing the OSP; the OSP Act, 2017 (Act 959) goes further by effectively transferring, rather than delegating, that authority. In practical terms, he claims the law compels the Attorney General to step back from prosecuting certain offences, leaving the OSP to act independently. Parliament’s Authority Under ScrutinyThe AG further contends that Parliament exceeded its constitutional authority by enacting Act 959 in its current form. He argues that any significant alteration of prosecutorial powers especially one affecting constitutional offices must be done through a formal amendment process, not ordinary legislation. Among the reliefs sought is a declaration that Act 959 is unconstitutional to the extent that it grants the OSP independent prosecutorial authority.
Source: GhanaWeb April 10, 2026 16:37 UTC