Former Supreme Court judge William Atuguba has sought to allay concerns that corruption cases handled by the Office of the Special Prosecutor could be invalidated if the Supreme Court rules against its prosecutorial authority, amid legal debate over the interpretation of Article 88 of Ghana's 1992 Constitution and its relationship with the OSP Act.
27 April 2026 · Joy Online →
Former Supreme Court Justice William Atuguba warns that the Supreme Court's decision on the Office of the Special Prosecutor's powers could reshape Ghana's broader prosecutorial framework and redefine the relationship between the Attorney-General and other institutions exercising delegated prosecutorial functions. The case raises fundamental constitutional questions about how prosecutorial powers are exercised, delegated, and limited under the 1992 Constitution, and could test long-standing delegation practices that have never been fully examined under the current constitutional framework.
27 April 2026 · Joy Online →
Former Supreme Court Justice William Atuguba says Ghana's Constitution vests prosecutorial authority in the Attorney-General, but applying this principle to the ongoing Office of the Special Prosecutor dispute is legally complex and not straightforward. He notes that other state agencies like the Ghana Police Service also exercise prosecutorial functions under delegated authority, a practice rooted in earlier legislative arrangements, raising questions about whether such delegation remains valid.
27 April 2026 · Joy Online →
Civil society organisations have expressed concern over a High Court ruling that the Office of the Special Prosecutor cannot prosecute corruption-related cases without authorisation from the Attorney-General, describing it as a setback for anti-corruption efforts. Retired Supreme Court Justice William Atuguba acknowledged their frustration but said the law must be enforced as enacted and that civil society's concerns must be weighed against legal requirements.
27 April 2026 · Joy Online →
Former Supreme Court judge William Atuguba has raised constitutional concerns about whether the Office of the Special Prosecutor can independently prosecute cases, arguing that Article 88 of Ghana's 1992 Constitution vests prosecutorial authority exclusively in the Attorney-General. Atuguba acknowledged that other institutions like the police have historically exercised prosecutorial powers, but only through delegated authority from the AG, and questioned whether such precedents apply within the current constitutional framework.
27 April 2026 · Joy Online →
Retired Supreme Court Justice William Atuguba has called for public caution on commentary regarding the Office of the Special Prosecutor's legal dispute, saying the matter should await final Supreme Court determination before broader public debate. The case centres on whether the OSP can independently prosecute corruption-related offences without Attorney-General authorisation, with a High Court ruling that it cannot—a decision now under appeal at the Supreme Court.
27 April 2026 · Joy Online →