The High Court (General Jurisdiction 10) has ruled that the Office of the Special Prosecutor (OSP) has no authority to prosecute criminal cases in Ghana.
The Court directed the Office to refer all matters initiated by the anti-graft agency to the Attorney-General’s Department.
The ruling followed an action brought by the accused persons in Republic v. Issah Seidu & 3 Others (Suit No. CR/0513/2025), widely referred to as the “rice scandal case,” challenging the OSP’s independent prosecutorial powers.
This was despite a pending challenge before the Supreme Court initiated by both the plaintiff and the Attorney-General.
On April 14, 2026, the presiding judge declined an application by the OSP to adjourn proceedings pending the Supreme Court’s decision and held that the OSP lacks an independent prosecutorial mandate.
“The judge decided that the OSP lacks independent prosecutorial mandate. The judge directed that the case be referred to the Attorney-General for prosecution.'”
Reacting to the development, the OSP indicated it is working to overturn the High Court’s decision.
Reacting to the development in a statement, the Office argued that the High Court does not have jurisdiction to 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 affirmed that all criminal prosecutions it has commenced, and those it is about to commence, remain valid.
