The Office of the Special Prosecutor (OSP) says it is taking immediate steps to overturn a High Court decision that has affected its prosecutorial authority in the ongoing Republic v. Issah Seidu & 3 Others case, commonly referred to as the “rice scandal case.”
In a statement, the OSP said it is seeking to reverse the ruling of the High Court (General Jurisdiction 10), which held that the Office lacks independent prosecutorial mandate and directed that the case be referred to the Attorney-General for prosecution.
The Office maintained that the decision is being challenged on legal grounds, insisting that the High Court does not have the jurisdiction to strike down provisions of an Act of Parliament as unconstitutional.
READ: Rice scandal case: OSP raises concern over conflicting Court rulings on Prosecutorial Powers
“We are taking steps to quickly overturn the decision of the General Jurisdiction Court,” the OSP stated, adding that “the High Court does not have jurisdiction to, in effect, strike down parts of an Act of Parliament as unconstitutional.”
It further emphasized that constitutional interpretation of this nature rests solely with the Supreme Court. “It is only the Supreme Court which can strike down parts of an Act of Parliament as unconstitutional,” the statement noted.
The OSP reiterated that its mandate under the Office of the Special Prosecutor Act, 2017 (Act 959) remains valid and in force pending the Supreme Court’s determination on the matter.
READ: High Court strips OSP of Prosecutorial Power, orders AG to take over all Prosecutions
It assured the public that all criminal prosecutions it has commenced, as well as those it intends to commence, remain valid and will continue under its statutory mandate.
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.
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
