Retired Supreme Court Justice William Atuguba believes frustration among civil society organizations regarding the Office of the Special Prosecutor (OSP) is understandable but misplaced. He stated that the OSP must work strictly within the laws passed by Parliament. Justice Atuguba made these remarks on April 27, 2026. He was speaking in an interview with Joy News.
These comments come after a High Court ruling. The court decided the OSP needs the Attorney-General's approval to prosecute corruption cases. Civil society groups see this as a major setback for fighting corruption. They worry it weakens the OSP's independence, potentially putting it under government influence due to the Attorney-General's executive appointment.
The OSP was created by the Office of the Special Prosecutor Act under the Akufo-Addo administration. It was designed to be an independent body. It investigates and prosecutes corruption involving public officials. Justice Atuguba acknowledged the concerns. However, he stressed that the case is now with the Supreme Court. The Supreme Court will give a final interpretation of the constitutional issues involved.
For now, the High Court ruling remains in effect. The Supreme Court could either uphold it or overturn it. Justice Atuguba stated this decision will provide a clear basis for future discussions and policy. The OSP has already appealed the ruling. It also requested a stay of execution. This would permit the OSP to continue operations while the Supreme Court deliberates. Justice Atuguba underscored the importance of due process.
He maintained that all constitutional disputes must be resolved by the Supreme Court. Its ruling will be final. This ensures that regardless of public feelings, the law and its interpretation by the highest court prevail. The ongoing legal battle highlights the delicate balance between independent oversight and the established legal framework governing such institutions in Ghana.