An Accra High Court has directed the Attorney-General and Ministry of Justice to take over the prosecution of the case titled ‘Republic v. Issah Seidu & 3 Others titled (Rice Scandal Case).’
This was contained in a press statement issued by the Office of the Special Prosecutor (OSP) on April 15.
“In a parallel development, the accused persons initiated a separate action at the High Court (General Jurisdiction 10). In contrast to the Criminal Court, the General Jurisdiction judge declined an application by the OSP to adjourn proceedings pending the outcome of the matter before the Supreme Court.
“The judge decided that the OSP lacks independent prosecutorial mandate. The judge directed that the case be referred to the Attorney-General for prosecution,” the statement said.
According to the OSP, “These developments have resulted in two distinct judicial positions regarding the prosecutorial authority of the OSP in the same matter.
“The OSP states that it is taking steps to quickly overturn the decision of the General Jurisdiction Court since 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 OSP firmly assures the public that 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 and 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,” the OSP added.
