The Deputy Attorney-General and Minister for Justice, Dr Justice Edem Srem-Sai, has stressed that the Office of the Special Prosecutor (OSP) can only justify its existence if it delivers results in the fight against corruption, insisting that no one in President John Mahama’s administration is opposed to its mandate.

Speaking on Joy FM’s Super Morning Show, Dr Srem-Sai said the OSP occupies a unique and critical space in Ghana’s anti-corruption framework because, unlike other state institutions, its success is measured solely by its ability to tackle corruption.

“The strength of that office is the fact that it specialises only in the area of corruption… they cannot succeed unless they succeed at fighting corruption,” he stated.

His comments come in the wake of a significant ruling by the Accra High Court on April 15, 2026, which has reshaped the operational scope of the OSP and triggered widespread public debate.

Justice John Eugene Nyadu Nyante ruled that the OSP does not have the independent authority to initiate criminal prosecutions without the fiat of the Attorney-General, citing Article 88 of the 1992 Constitution.

The decision effectively reduces the OSP’s role to investigations, requiring it to hand over cases to the Attorney-General’s Department for prosecution.

The case was brought by Peter Archibold Hyde, who is facing corruption-related charges over rice importation.

He argued that the OSP’s prosecutorial independence was unconstitutional, a position the court upheld.

Dr Srem-Sai acknowledged the importance of the OSP but noted that concerns about its constitutional legitimacy are not new.

“The issue is that citizens are beginning to raise concerns about the legitimacy and the constitutionality of the office. This concern is not new,” he explained.

According to him, many legal experts have long held the view that establishing an independent prosecutorial authority like the OSP would require a constitutional amendment, rather than an Act of Parliament.

“Every lawyer who understands constitutional law knew from day one that the solution to this problem is a constitutional amendment,” he said.

Despite the ongoing legal and constitutional debate, Dr Srem-Sai was emphatic that the Mahama administration remains fully committed to the fight against corruption.

“I can tell you that the President is committed 100% to ensuring that corruption is fought on all fronts,” he added.

Meanwhile, the OSP has strongly disagreed with the High Court’s ruling and is preparing to appeal. The office argues that the court lacks jurisdiction to overturn the OSP Act, 2017, which grants it prosecutorial independence.

As the legal battle unfolds, the Attorney-General’s Department has already begun taking over several high-profile cases previously handled by Special Prosecutor Kissi Agyebeng.