The Deputy Attorney-General, Justice Srem-Sai, has rejected claims that members of the National Democratic Congress (NDC) oppose the idea of an independent prosecutorial authority.
NDC Not Against Independent Prosecutor
Speaking on The Point of View on Channel One TV, he clarified that the party has consistently supported the concept but believes it must be properly grounded in the Constitution.
“There’s no one in NDC… who is against an independent prosecutorial authority… we need to amend the Constitution,” he stated.
Court Ruling Sparks Debate
His comments come in the wake of a High Court ruling on April 15, 2026, directing the Attorney-General’s Department Ghana to take over all criminal prosecutions being handled by the Office of the Special Prosecutor Ghana (OSP), unless authorised by the Attorney-General.
The decision followed a judicial review application challenging the prosecutorial powers of the OSP.
OSP Pushes Back
The Office of the Special Prosecutor Ghana has rejected the ruling, arguing that the court exceeded its jurisdiction and insisting that its enabling law grants it prosecutorial authority. The office says it is taking steps to overturn the decision.
Call for Constitutional Reform
Justice Srem-Sai emphasised that the ongoing tension highlights the need for constitutional clarity, suggesting Ghana could learn from other common law jurisdictions facing similar issues.
Background to the Case
The legal challenge was filed by Peter Archibold Hyde and others, who are under investigation by the OSP over allegations of conspiracy and the unlawful acquisition of containers using forged documents.
At the heart of the dispute is whether the OSP can independently prosecute corruption cases or must first obtain approval from the Attorney-General — a matter now at the centre of legal and political debate in Ghana
