JUDGMENT

BAFFOE-BONNIE CJ:

PART ONE: THE SUIT

The Writ

1. By a writ filed on 8th December 2025, the plaintiff, a legal practitioner and citizen of Ghana, invoked the original jurisdiction of this Court under Articles 2(1) and 130(1) of the 1992 Constitution. He seeks eight reliefs. In the form pleaded, they are:

(a) A declaration that, on a true and proper interpretation of Articles 1(2), 88, 93(2) and 296 of the 1992 Constitution, prosecutorial authority in Ghana is vested exclusively in the Attorney-General and cannot be exercised independently for, or in parallel with, the Attorney-General.

(b) A declaration that the Office of the Special Prosecutor Act, 2017 (Act 459), to the extent that it purports to confer original, autonomous or insulated prosecutorial authority on the Office of the Special Prosecutor, is inconsistent with and in contravention of Articles 1(2), 88(3) and (4), 93(2) and 296 of the Constitution and is therefore null, void and of no effect.

(c) A declaration that sections 3(3) and 4 of Act 959, in purporting to make the Office of the Special Prosecutor independent of the AttorneyGeneral in the initiation, conduct and termination of prosecutions, violate the Constitution.

(d) A declaration that Parliament lacks the authority to enact legislation creating a prosecutorial body with powers equivalent to, or independent of, the Attorney-General, absent a constitutional amendment in accordance with Articles 289 and 290.

(e) A declaration that Parliament acted ultra vires its legislative authority under Article 93(2) in purporting, through Act 959, to compel a permanent delegation of the Attorney-General’s prosecutorial powers to the Office of the Special Prosecutor.

(f) A declaration that any statutory delegation of prosecutorial authority made pursuant to Act 959 does not bind subsequent Attorneys-General and lapses upon the assumption of office by a new Attorney-General unless re-authorised by that Attorney-General.

(g) An order striking down or severing the provisions of Act 959 that confer autonomous prosecutorial authority on the Office of the Special Prosecutor or insulate it from the Attorney-General’s constitutional control.

(h) Any further orders or directions that this Honourable Court considers just, equitable and necessary to preserve the integrity of the Constitution and the prosecutorial archit