The Office of the Special Prosecutor (OSP) has emphasised that all criminal prosecutions it is spearheading in various courts remain valid.
These cases, it noted, 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.
This is in response to a decision by the High Court, stripping the Office of its prosecutorial powers.
In a statement, the Office stated that the High Court does not have jurisdiction to, in effect, strike down parts of an Act of Parliament as unconstitutional.
It noted that only the Supreme Court holds the power to strike down parts of an Act of Parliament as unconstitutional.
The Office has since initiated an action to overturn the court decision.
Stripping
The accused persons in the case of Republic v. Issah Seidu & 3 Others (Suit No. CR/0513/2025), widely referred to as the “rice scandal case”, initiated a separate action at the High Court (General Jurisdiction 10) challenging the independent prosecutorial power of the OSP.
This follows a pending challenge before the Supreme Court initiated by both the plaintiff and the Attorney-General.
On April 14, 2026, the General Jurisdiction judge declined an application by the OSP to adjourn proceedings pending the outcome of the matter before the Supreme Court and ruled that the OSP lacks an independent prosecutorial mandate.
The judge further directed that the case and all other cases under the authority of the OSP be referred to the Attorney-General for prosecution.
Story by Hajara Fuseini
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Source:
opemsuo.com
