The Office of the Special Prosecutor (OSP) has maintained that the High Court does not have jurisdiction to declare provisions of an Act of Parliament unconstitutional, amid conflicting judicial decisions in the case of Republic v. Issah Seidu & 3 Others (Rice Scandal Case).
In a statement issued on the developments in Suit No. CR/0513/2025, the OSP said it is taking steps to overturn a decision of the High Court (General Jurisdiction 10) which questioned its independent prosecutorial mandate and directed that the case be referred to the Attorney-General.
According to the OSP, “the High Court does not have jurisdiction to, in effect, strike down parts of an Act of Parliament as unconstitutional. It is only the Supreme Court which can strike down parts of an Act of Parliament as unconstitutional.”
READ: We’re taking steps to quickly overturn High Court decision on prosecutorial powers – OSP
The Office further explained that it is moving swiftly to challenge the ruling, noting that proceedings in the matter before the courts remain active and legally valid until the Supreme Court makes a final determination on the broader constitutional question surrounding its prosecutorial powers.
“The OSP states that it is taking steps to quickly overturn the decision of the General Jurisdiction Court,” the statement said.
It added that all ongoing and future prosecutions initiated under its mandate remain in force under the Office of the Special Prosecutor Act, 2017 (Act 959), which is still valid and has not been set aside by the Supreme Court.
“These developments have resulted in two distinct judicial positions regarding the prosecutorial authority of the OSP in the same matter,” the Office noted.
The OSP assured the public that its work remains unaffected for now, stressing that “all the criminal prosecutions it has commenced before the courts and all the criminal prosecutions it is about to commence before the courts remain valid and would proceed” under its enabling law, pending a final ruling by the apex court.
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.
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.
READ: Rice scandal case: OSP raises concern over conflicting Court rulings on Prosecutorial Powers
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.
Source: Starrfm.com.gh
