The Office of the Special Prosecutor (OSP) has announced that it will challenge the ruling from the General Jurisdiction Court, centring its legal strategy on a fundamental principle of constitutional hierarchy.
The OSP contends that the High Court exceeded its legal boundaries by effectively stripping the office of its prosecutorial powers, an act they argue is reserved exclusively for the Supreme Court of Ghana.
The OSP’s decision to seek a reversal hinges on the argument that the High Court lacks the jurisdiction to interpret or strike down provisions of an Act of Parliament.
Since the Office of the Special Prosecutor Act, 2017 (Act 959) specifically grants the office its mandate, the OSP maintains that these powers remain fully intact unless the apex court issues a definitive declaration to the contrary.
By ignoring the pending Supreme Court determination on this exact issue, the OSP believes the lower court’s directive to hand the case over to the attorney-general is a legal error that must be corrected to prevent a breakdown in the administration of justice.
The office has signalled that it will utilise all available appellate processes to ensure that its statutory mandate is not undermined by conflicting lower court opinions.
By seeking to overturn this specific ruling, the OSP aims to reaffirm that until the Supreme Court speaks, the existing laws governing independent prosecution remain the standard for all ongoing and future criminal trials.
Read below the full statement
FOR IMMEDIATE RELEASE
Conflicting Court Decisions Arise in Republic v. Issah Seidu & 3 Others (Rice Scandal Case)
Accra, Ghana — Proceedings in the case of Republic v. Issah Seidu & 3 Others (Suit No. CR/0513/2025), widely referred to as the “rice scandal case”, have taken divergent paths before two courts of concurrent jurisdiction. The accused persons are currently standing trial before the High Court (Criminal Division), where proceedings remain ongoing.
The Criminal Court dismissed an application by the accused persons seeking to strike out the case. The judge adjourned proceedings to await a determination by the Supreme Court on a matter in which both the plaintiff and the Attorney-General (the defendant) are challenging the independent prosecutorial power of the Office of the Special Prosecutor (OSP).
In a parallel development, the accused persons initiated a separate action at the High Court (General Jurisdiction 10). In contrast to the Criminal Court, the General Jurisdiction judge declined an application by the OSP to adjourn proceedings pending the outcome of the matter before the Supreme Court. The judge decided that the OSP lacks independent prosecutorial mandate. The judge directed that the case be referred to the Attorney-General for prosecution.
These developments have resulted in two distinct judicial positions regarding the prosecutorial authority of the OSP in the same matter.
The OSP states that it is taking steps to quickly overturn the decision of the General Jurisdiction Court since 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.
The OSP firmly assures the public 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 based on its mandate under the Office of the Special Prosecutor Act, 2017 (Act 959), which remains valid and in force as the matter has not been decided by the Supreme Court
Background
An Accra High Court has ordered the Attorney-General’s Department to take immediate control of all criminal prosecutions currently managed by the Office of the Special Prosecutor (OSP), pending formal authorisation from the Attorney-General.
Delivered on Wednesday, April 15, 2026, the ruling carries profound implications for the nation’s legal landscape. Beyond the transfer of authority, the Court declared all ongoing prosecutions initiated by the OSP to be null and void.
This decision effectively brings a sudden halt to several high-profile cases currently being litigated in various courts throughout the country.
Presiding judge John Nyante Nyadu further emphasized the gravity of the procedural lapses by awarding costs of GH₵15,000 against the OSP.
