The Office of the Special Prosecutor (OSP) has reported conflicting court decisions arising in the case of Republic v. Issah Seidu & 3 Others (Suit No. CR/0513/2025), commonly referred to as the “rice scandal case,” involving questions over its prosecutorial authority.
According to a statement from the OSP, proceedings in the case are currently ongoing before the High Court (Criminal Division), while a parallel action has also been initiated before the High Court (General Jurisdiction 10), resulting in differing judicial positions on the same matter.
The accused persons are standing trial before the Criminal Division of the High Court, where an application by the accused persons to strike out the case was dismissed. The judge subsequently adjourned proceedings pending a determination by the Supreme Court in a related matter challenging the independent prosecutorial powers of the OSP. In that case, both the plaintiff and the Attorney-General are contesting aspects of the OSP’s mandate.
READ: High Court strips OSP of Prosecutorial Power, orders AG to take over all Prosecutions
However, in a separate ruling at the High Court (General Jurisdiction 10), the court declined an application by the OSP to stay proceedings pending the Supreme Court’s decision. The judge held that the OSP lacks independent prosecutorial authority and directed that the case be referred to the Attorney-General for prosecution.
The OSP stated that these developments have resulted in “two distinct judicial positions” regarding its prosecutorial authority in the same matter.
The Office further indicated that it is taking steps to overturn the decision of the General Jurisdiction Court, arguing that the High Court does not have jurisdiction to effectively strike down provisions of an Act of Parliament as unconstitutional. It maintained that only the Supreme Court has the authority to do so.
The OSP assured the public that all criminal prosecutions it has commenced, as well as those it intends to commence, remain valid and will proceed under its mandate as provided by the Office of the Special Prosecutor Act, 2017 (Act 959), which it says remains in force pending determination by the Supreme Court.
READ: We’re taking steps to quickly overturn High Court decision on prosecutorial powers – OSP
The development comes after the High Court in Accra ordered the Office of the Attorney-General to take over all criminal prosecutions being handled by the OSP, following a declaration that such prosecutions were void.
Justice John Eugene Nyadu Nyante issued the ruling in the case GJ/0369/2026: The Republic v. Office of the Special Prosecutor (on the application of Peter Archibold Hyde), granting the relief sought and awarding costs of GH¢15,000 against the OSP.
EIB Network’s legal correspondent, Murtala Inusah reported that the court held that while the OSP has investigative powers, it can only prosecute with authorization from the Attorney-General under Article 88(4) of the 1992 Constitution.
According to reports, the ruling implies that the OSP cannot prosecute cases unless it secures prosecutorial authority from the Attorney-General.
The OSP, however, maintains that its mandate under Act 959 remains valid until the Supreme Court delivers a final determination on the matter.
Source: Starrfm.com.gh
