Private legal practitioner Martin Kpebu has argued that the Attorney General holds the constitutional authority to revoke prosecutorial powers granted to any state body, including the Office of the Special Prosecutor (OSP), and that no Attorney General is bound by the decisions of a predecessor.
Speaking in interviews following the High Court ruling that stripped the OSP of its prosecutorial powers, Kpebu said the decision correctly upholds Article 88 of the 1992 Constitution, which vests prosecutorial powers solely in the Attorney General, stressing that no statute, including the law establishing the OSP, can override that constitutional provision.
“In constitutional law, there’s nothing like that. At any point, the Attorney General can revoke those executive instruments,” he said on KeyPoints on TV3 Ghana.
Kpebu referenced global examples, including policy reversals by United States President Donald Trump, to illustrate how incoming administrations can lawfully overturn decisions made by their predecessors. He maintained that prosecutorial authority ultimately depends on who holds constitutional power at a given time.
“Simple question, has the Attorney General authorised the OSP? He says he’s not,” Kpebu stated.
The High Court in Accra, presided over by Justice John Eugene Nyadu Nyante, declared the OSP’s prosecutions void on April 15, 2026, affecting cases including the prosecution of former Finance Minister Ken Ofori-Atta. The court directed that all ongoing prosecutions be taken over by Attorney General Dr Dominic Ayine until the required authorisation is secured, and imposed costs of GH¢15,000 against the Special Prosecutor.
Despite welcoming the ruling, Kpebu cautioned that the legal question is far from settled and that the Supreme Court may ultimately reach a different conclusion.
He warned that the debate over the scope and effectiveness of the OSP would continue to intensify as the matter moves toward a potential Supreme Court determination.
“The Supreme Court can come and say they are going with the Act. Another person can look at it and say once it doesn’t follow the constitutional requirement, it is wrong. I’m not taking an entrenched position,” he said.
The OSP has announced plans to challenge the High Court ruling.
