OSP challenges High Court decision on its authority to prosecute

The Office of the Special Prosecutor (OSP) has commenced proceedings to challenge a High Court ruling that questioned its authority to prosecute in the ongoing "rice scandal" case involving Issah Seidu and three others.

The decision, delivered by a High Court (General Jurisdiction 10), directed that the case be referred to the Attorney-General for prosecution, after the court held that the OSP lacks an independent prosecutorial mandate.

However, the OSP has strongly opposed the ruling, insisting that the High Court exceeded its jurisdiction.

According to the anti-graft body, only the Supreme Court has the authority to determine the constitutionality of legislation, including provisions of the Office of the Special Prosecutor Act, 2017 (Act 959).

In a statement, the OSP indicated that it is taking urgent steps to overturn the decision, stressing that the law establishing its mandate remains valid and in force until the Supreme Court rules otherwise.

The development has created a legal standoff, as a separate High Court (Criminal Division) hearing the same case had earlier dismissed an application by the accused persons to strike out the charges. That court adjourned proceedings to await a Supreme Court determination on a related matter challenging the OSP’s prosecutorial powers.

Despite the conflicting positions from the two courts, the OSP maintains that all prosecutions it has initiated remain valid and will proceed.

The office further assured the public of its commitment to pursuing corruption-related cases within the bounds of its legal mandate, pending a final determination by the Supreme Court.