- High Court strips EOCO lawyer Radiatu Abdulai from prosecution team in NAFCO/Buffer Stock case.
- Justice Francis Achibonga rules that no sufficient authorisation from the Attorney-General was demonstrated for Radiatu Abdulai to appear.
- Ruling exposes fragile state of anti-corruption institutions in Ghana.
- Former Attorney-General Godfred Yeboah Dame objects to Radiatu Abdulai's involvement in the case.
The Ghanaian judicial system has delivered another blow to the Office of the Special Prosecutor (OSP) and the Economic and Organised Crime Office (EOCO), barely two weeks after a High Court stripped the OSP of its prosecutorial teeth. On April 29, 2026, Justice Francis Achibonga, sitting as an additional High Court judge, expunged the name of EOCO lawyer Radiatu Abdulai from the prosecution team in the high-profile NAFCO/Buffer Stock case against former CEO Hanan Abdul-Wahab Aludiba and four others.
The defence counsel, Godfred Yeboah Dame, who is also the former Attorney-General, successfully objected to Radiatu Abdulai's involvement in the case, citing that no sufficient authorisation from the Attorney-General had been demonstrated. This ruling has exposed the fragile state of anti-corruption institutions in Ghana, which are under threat due to the emerging judicial approach.
Background: History of Anti-Corruption Institutions in Ghana
The fight against corruption in Ghana has been a longstanding issue, with various institutions being established to tackle the problem. The Office of the Special Prosecutor (OSP) was created in 2017 to investigate and prosecute corruption cases, while the Economic and Organised Crime Office (EOCO) was established in 1996 to investigate and prosecute economic and organised crime cases. However, the effectiveness of these institutions has been hampered by the lack of clear guidelines and the absence of institutional independence.
The OSP Act 2017 and the EOCO Act 804 created these institutions to operationalise the prosecutorial authority vested in the Attorney-General under Article 88 of the 1992 Constitution. Parliament's intent was to create functional, arm's-length anti-corruption capacity that could pursue politically exposed persons without the delays or perceived conflicts inherent in the AG's Department. However, the emerging judicial approach has converted this delegation into a case-by-case executive permission requirement that must be proven on demand.
The Emerging Judicial Approach: A Threat to Institutional Independence
The recent rulings by the High Court have exposed the vulnerability of anti-corruption institutions in Ghana. The ruling in the OSP matter declared ongoing OSP prosecutions void without express Attorney-General authorisation and ordered their transfer to the AG's Department. Similarly, the ruling in the NAFCO matter has stripped EOCO lawyer Radiatu Abdulai from the prosecution team, citing that no sufficient authorisation from the Attorney-General had been demonstrated.
The pattern is now unmistakable. In the Republic v Mustapha Abdul-Hamid & Others (the NPA extortion and money-laundering case), defence counsel invoked the April 15 OSP precedent to seek discharge. The court adjourned the trial to May 26 expressly to await clarity on the OSP's mandate. Godfred Dame's objection in the NAFCO matter supplies the tactical playbook: raise the authorisation point, force the AG to scramble for documentation, and watch the prosecution stall.
The Supreme Court's Intervention: A Constitutional Challenge
The Supreme Court already has before it the constitutional challenge filed by Noah Ephraem Tetteh Adamtey in December 2025, which directly questions the validity of the prosecutorial provisions in the OSP Act. OSP has also filed appeals and stay applications from the April 15 decision. The apex court's eventual determination will not be a narrow procedural matter. It will decide whether Parliament's intent to create functional, arm's-length anti-corruption capacity survives or whether Article 88 operates as an absolute executive gatekeeping power that can be asserted reactively in every contested prosecution.
Looking Ahead: The Future of Anti-Corruption Institutions in Ghana
The future of anti-corruption institutions in Ghana hangs in the balance. The emerging judicial approach has exposed the fragility of these institutions, and the Supreme Court's intervention is crucial in determining their fate. If the OSP Act is deemed unconstitutional, it will have far-reaching implications for the fight against corruption in Ghana. The country will need to reassess its anti-corruption strategy and ensure that institutions are given the necessary independence and resources to effectively tackle corruption.
