The Deputy Attorney-General, Dr. Justice Srem-Sai, has urged the Office of the Special Prosecutor (OSP) to reapply to the Supreme Court and present arguments in the Noah Adamtey case, which challenges its powers.
According to him, the OSP, as of now, is refusing to seek the required authorisation to continue the prosecution.
Speaking in an interview on Channel One TV’s Point of View on April 20, 2026, Dr Srem-Sai argued that under the current law, Article 88, the OSP cannot operate independently of the Attorney-General without first obtaining approval.
“But the OSP is refusing to apply because it believes that it doesn’t require it and that it is truly independent. It’s easy to apply for. It’s a letter. In fact, it took the OSP more energy to litigate Hyde and all the other cases than to just apply,” he said.
His remarks come in the context of a case before the Supreme Court of Ghana filed by private citizen Noah Adamtey, which is challenging the constitutionality of the OSP’s prosecutorial powers.
The suit is seeking a declaration that the law establishing the OSP is unconstitutional to the extent that it creates an independent prosecutorial authority parallel to the Attorney-General, contrary to Article 88 of the Constitution.
Dr Srem-Sai maintained that any move to grant full prosecutorial independence to the OSP would require a constitutional amendment.
“If you want the OSP to be independent of the Attorney General and would not require the Attorney General’s authorisation, then you need to amend Article 88,” he said.
He explained that under the current legal framework, the OSP must formally apply for prosecutorial clearance before initiating cases.
“As in this Act, where you said the OSP requires the authorisation of the Attorney General, then that authorisation must be given before the OSP can function as a prosecutor. The process for getting that authorisation is for you to apply, and then you are given,” he added.
Dr Srem-Sai also urged the OSP to re-engage the Supreme Court proceedings, suggesting it could seek to participate as a friend of the court after its initial application to join the case was dismissed.
