A private Ghanaian citizen, Noah E. Tetteh, has dragged the Attorney-General to the Supreme Court in a fresh constitutional challenge against the legality of the Office of the Special Prosecutor (OSP).
The suit, registered as J1/3/2026, directly questions Parliament’s power to create an independent prosecutorial body that operates outside the supervision and control of the Attorney-General.
Deputy Attorney-General Dr Justice Srem-Sai confirmed the development in a post on social media on Wednesday, December 10, 2025.
“I can confirm that a citizen – Noah E. Tetteh – has sued the Attorney-General in Supreme Court suit number J1/3/2026,” Dr Srem-Sai wrote.
“Parliament has no power to set up an office of a prosecutor which is independent and outside the control of the Attorney-General,” he summarised the plaintiff’s core argument.
According to Dr. Sai, Mr Tetteh is seeking a declaration that the provisions of the Office of the Special Prosecutor Act, 2017 (Act 959) that grant the OSP autonomous prosecutorial powers and insulate it from the Attorney-General’s constitutional oversight are null and void.
The suit essentially argues that the Constitution vests exclusive prosecutorial authority in the Attorney-General under Article 88 and that Parliament exceeded its legislative competence by establishing a parallel, independent prosecutor.
The development adds fresh legal fire to the heated national debate over the future of the OSP, coming amidst reports that Majority Leader Mahama Ayariga and Chief Whip Rockson-Nelson Dafeamekpor have drafted a private member’s bill to repeal Act 959.
Meanwhile, President Mahama addressing a delegation of the National Peace Council on Wednesday described calls for the scrapping of the OSP as premature.