Fourteen civil society organizations (CSOs) have applied to join a Supreme Court case challenging the constitutionality of Ghana’s Office of the Special Prosecutor Act, 2017 (Act 959). The application, filed on Tuesday, May 5, 2026, in the case of Adamtey v Attorney-General (Suit No. J1/3/2026), seeks to allow these groups to present arguments as amici curiae, or ‘friends of the court,’ in a matter deemed of significant public interest.
The coalition, which includes prominent bodies like the Ghana Centre for Democratic Development (CDD) and IMANI Africa, stated in a joint release on Wednesday, May 6, that their intervention is motivated by a commitment to constitutionalism and good governance. They aim to support the Court’s interpretation of the law establishing the Office of the Special Prosecutor (OSP), emphasizing that their involvement is not partisan or personal.
Context of the Legal Challenge
The Supreme Court case, Adamtey v Attorney-General, directly questions key provisions within the OSP Act. This act, passed in 2017, established an independent office to investigate and prosecute corruption cases, aiming to enhance accountability in public life.
The OSP was created following extensive public discourse and advocacy for stronger anti-corruption measures in Ghana. Its establishment was seen as a critical step towards bolstering the nation’s institutional capacity to combat graft.
CSO Involvement and Rationale
The fourteen CSOs involved have a historical connection to the OSP Act, with many participating in its drafting and the subsequent advocacy that led to its passage. This includes engagements with parliamentary committees responsible for legal and constitutional matters.
Their application to join the case as amici curiae highlights their belief that their institutional memory and deep understanding of the law’s genesis can significantly assist the Supreme Court. They intend to offer legal and policy perspectives, comparative anti-corruption standards, institutional analysis, and broader public interest arguments.
The coalition explicitly stated their objective is not to align with any party but to contribute to a robust constitutional interpretation. “The Applicants take this opportunity to emphasise that their intervention is not partisan, adversarial, or personal to any party before the Court,” reads their statement.
Broader Implications for Governance
The groups involved represent a diverse range of expertise in democracy, governance, and anti-corruption efforts. Their collective application underscores the broad societal interest in the integrity and effectiveness of institutions like the OSP.
Organizations seeking to participate include the Ghana Centre for Democratic Development, Transparency International Ghana, Ghana Anti-Corruption Coalition, IMANI Africa, Democracy Hub, STAR-Ghana Foundation, NORSAAC, Penplusbytes, ACEP, Odekro, A Rocha Ghana, Parliamentary Network Africa, One Ghana Movement, and Africa Education Watch.
The CSOs commended the Supreme Court for its increasing receptiveness to civil society participation in constitutional matters. They view this as a sign of Ghana’s maturing constitutional practice, where structured engagement can enrich judicial decision-making.
Expert Perspectives and Judicial Openness
The application for amicus curiae status is a mechanism designed to allow non-parties with relevant expertise to assist the court. This approach is increasingly recognized globally as a way to bring diverse and informed perspectives into complex legal arguments.
The statement from the coalition highlighted that “The Court’s openness to structured civil society engagement in constitutional adjudication has, in recent years, enriched the deliberative record before it.” This suggests a positive trend in how Ghanaian courts engage with civil society on critical governance issues.
The legal team representing the CSOs includes notable figures such as Kizito Beyuo Esq., Oliver Barker-Vormawor Esq., Samson Lardy Anyenini Esq., and Clement Kojo Akapame Esq., indicating the seriousness with which the applicants view their role.
What to Watch Next
The Supreme Court’s decision on whether to grant the CSOs leave to join the case as amici curiae will be closely watched. It will signal the judiciary’s continued willingness to consider external expertise in constitutional interpretation.
Furthermore, the arguments presented by the coalition, if admitted, could significantly influence the Court’s understanding of the OSP Act. The outcome of the Adamtey v Attorney-General case itself will have direct implications for the operational framework and perceived legitimacy of Ghana’s anti-corruption efforts.
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