The Office of the Special Prosecutor (OSP) has maintained that only the Supreme Court of Ghana has the authority to strike down provisions of an Act of Parliament as unconstitutional, following conflicting court decisions in the ongoing “rice scandal” case.
In a post on X on Wednesday, April 15, the OSP said developments in the case of Republic v. Issah Seidu & 3 Others have resulted in differing rulings from two High Courts of concurrent jurisdiction.
According to the OSP, the accused persons are currently standing trial before the High Court (Criminal Division), where an application to strike out the case was dismissed. The court subsequently adjourned proceedings to await a determination by the Supreme Court on a related matter challenging the OSP’s independent prosecutorial powers.
However, in a separate action before another High Court, a judge declined a request by the OSP to stay proceedings pending the Supreme Court’s decision. The court further ruled that the OSP lacks independent prosecutorial authority and directed that the case be referred to the Attorney-General for prosecution.
The OSP said the situation has created two contrasting judicial positions on its mandate in the same case.
It stressed that the High Court does not have the jurisdiction to invalidate provisions of an Act of Parliament.
“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 statement said.
The anti-graft body indicated that it is taking immediate steps to challenge the decision of the General Jurisdiction Court.
The development follows a recent High Court ruling directing the Attorney-General’s Department to take over all criminal prosecutions being handled by the OSP, while also declaring such prosecutions null and void pending proper authorisation.
Despite this, the OSP insisted that its ongoing and intended prosecutions remain valid under the Office of the Special Prosecutor Act, 2017 (Act 959).
The Office assured the public that all its cases will proceed in line with its legal mandate until the Supreme Court delivers a final determination on the matter.
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