In Ghana’s ongoing battle against corruption, few institutions have attracted as much attention—and controversy—as the Office of the Special Prosecutor (OSP).
The Office of the Special Prosecutor was established in 2017 under the Office of the Special Prosecutor Act, 2017 (Act 959). There are also subsidiary legislations governing the OSP such as the Office of the Special Prosecutor Regulations, 2018 (L.I. 2373) and Office of the Special Prosecutor (Operations) Regulations, 2018 (L.I. 2374). The OSP was promised as a bold step toward tackling corruption outside the direct control of the Attorney-General. Today, its future hangs in the balance because there have been calls from Parliament to abolish the office as it has sparked a plethora of debates among politicians, civil society, and ordinary citizens, high-profile arrests and courtroom battles.
The fate of the OSP has become a test of the nation’s commitment to transparency, accountability, and the rule of law.
This explainer seeks to address the recent occurrences with the OSP and the sparking debates regarding the abolition of the anti-corruption institution.
Origins and mandate of the OSP
The OSP was created during former President Nana Akufo-Addo’s first term as part of his anti-corruption agenda in pursuance of Article 36 of the United Nations Convention against Corruption (UNCAC). Its mandate was clear: to investigate and prosecute corruption-related offenses, particularly those involving public officers and politically exposed persons on the authority of the Attorney-General. Unlike the Attorney-General’s Department which is constitutionally bound pursuant to Article 88 of the 1992 Constitution of Ghana to serve as the government’s legal advisor and chief prosecutor, the OSP was formed to operate independently, free from political influence.
Despite its promise, the OSP’s journey has been shaky. The first Special Prosecutor, Martin Alamisi Amidu, resigned in November 2020 citing political interference. His successor, Kissi Agyebeng, faced logistical delays, staffing shortages, and accusations of limited impact.
Achievements and activities of the OSP
Since its inception, there have been some key prosecutions and investigations such as the investigation of Mr. Charles Adu Boahen, a former Minister of State at the Ministry of Finance regarding allegations of corruption and corruption-related offences upon referral by the former President, Nana Dankwa Akufo-Addo and a complaint by a private investigation firm, Tiger Eye P.I.
One achievement worth noting is the OSP disrupting a syndicate involved in the production of substantial amount of counterfeit foreign currency. Mr. Kissi Agyebeng cited the seizures were made in two warehouses situated in Accra, Ghana’s capital and Tema, where $40 million in counterfeit currency was discovered hidden in steel trunks.
Furthermore, the Office presented a report on an investigation into an alleged bribery of high-ranking Ghanaian officials of Airbus SE, a European multinational corporation, through intermediaries, regarding the sale of military transport aircraft by Airbus SE to the Republic of Ghana between 2009 and 2015. After painstaking investigation by the OSP, it found no evidence of bribery by the high-ranking Ghanaian officials. The OSP decided to close the case and announced that no criminal proceedings would be initiated. Yet recent events have thrust the OSP into unprecedented turmoil.
Recent controversies
The call to scrap the office stemmed from when the office arrested and detained a legal practitioner by the name Mr. Martin Kpebu for nearly five hours on December 3, 2025 at the National Intelligence Bureau as he had publicly criticised the manner in which the Special Prosecutor was going about his statutory functions. The OSP’s actions could be considered an abuse of power which undermines constitutional guarantees, mentioned private legal practitioner, Thaddeus Sory.
The Director of Strategy, Research, and Communications at the Office of the Special Prosecutor, Mr. Samuel Appiah Darko, mentioned an assassination attempt on Mr. Agyebeng. He also claimed the latter had been handcuffed and beaten by 17 police personnel. The Ministry of Interior has ordered a probe into the alleged assassination attempt.
On December 10, 2025, President John Dramani Mahama during a courtesy visit by the National Peace Council added his voice on the issue of scrapping the Office of the Special Prosecutor citing that it is premature to call for the closure of OSP and urged it to speed up some of its investigations and be given more time to operate. His view is contrary to that of Parliament, which has sought to abolish the office. Following his public statement, Mahama requested that the Majority Leader and Majority Chief Whip withdraw the Private Member’s bill seeking to repeal Act 959.
Arguments for scrapping the OSP
Critics such as the Speaker of Parliament, Rt. Hon Alban Bagbin on 4 December argued that despite significant funding, the office has not delivered high-profile convictions or systematic change. He also mentioned that Parliament should repeal the law and abolish the office of the Special Prosecutor.
The majority leader in Parliament, Mahama Ayariga during parliamentary proceedings on 4 December, has demanded the OSP must be scrapped as it conflicts with the Attorney-General’s constitutional role and believes that the resources allocated to the said office be transferred to the Attorney-General’s department.
Additionally, the former Speaker of Parliament, Professor Aaron Mike Ocquaye who presided over Parliament when the Act 959 was passed stated that the office has gone away from its intended purpose and called for the dissolution on grounds that its actions endangered the rule of law and Ghana’s democratic stability.
Arguments against scrapping the OSP
Despite the critics, Dr. Kojo Pumpuni Asante, Director of Advocacy and Policy Engagement at the Centre for Democratic Development, Ghana countered that the OSP only became fully operational in 2024 after years of bureaucratic hurdles. They argue that the scrapping would betray citizens’ demand for independent anti-corruption institutions and also represents Ghana’s commitment to combating corruption through specialized mechanisms.
Ace Ankomah, a Ghanaian legal practitioner and senior partner at Bentsi-Enchill, Letsa & Ankomah has suggested an alternative strategy: the consolidation of the Office of the Special Prosecutor and the Directorate of Public Prosecutions (DPP) into a new Independent National Prosecutions Authority with a civil servant in charge and also scrap the Executive from having control over prosecutions in the country.
Implications for Ghana’s governance
The controversy reflects deeper questions about Ghana’s governance. Should anti-corruption efforts be housed within traditional constitutional offices, or should specialised bodies be created to insulate them from politics? The answer will shape not only institutional design but also boost public confidence in the rule of law.
Conclusion
The fate of the Office of the Special Prosecutor is more than a bureaucratic question. It is a test of Ghana’s resolve to confront corruption with independence and vigor. Supporters of the abolition emphasize constitutional clarity and efficiency, while opponents stress accountability and symbolism.
