The High Court (General Jurisdiction 10) has stripped the prosecutorial powers of the Office of the Special Prosecutor (OSP), labelling it void.
It comes after 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 an action at the Court challenging the independent prosecutorial power of the OSP.
This action was in spite of 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.
OSP Reaction
The OSP says it is taking steps to overturn a decision by the High Court stripping it 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 OSP, therefore, affirmed 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.
It noted that the Office would proceed with the cases 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.
Story by Hajara Fuseini
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Source:
opemsuo.com
