The Office of the Special Prosecutor has announced plans to appeal a High Court ruling that questioned its authority to prosecute criminal cases, following conflicting decisions from two courts handling aspects of the same high-profile matter.
The development arises from proceedings in the Republic v. Issah Seidu and three others case, widely referred to as the rice scandal.
The legal dispute has exposed deep divisions within the judiciary over the scope of the Special Prosecutor’s mandate.
In a statement, the Office described one of the rulings as inconsistent with established principles of constitutional interpretation, confirming it is taking “urgent steps” to overturn the decision.
Conflicting High Court Decisions
At the centre of the controversy are two separate rulings delivered by High Courts of concurrent jurisdiction. The case remains active before the Criminal Division of the High Court, where proceedings are ongoing.
In that court, a request by the accused persons to strike out the case was dismissed, with the judge opting instead to adjourn proceedings pending a determination by the Supreme Court of Ghana on a related constitutional issue.
However, a parallel case at the General Jurisdiction division produced a contrasting outcome. The court declined a request by the Special Prosecutor to stay proceedings and instead ruled that the Office lacks independent prosecutorial authority, directing that the matter be referred to the Office of the Attorney General.
These opposing rulings have created a judicial divide, intensifying debate over prosecutorial powers in Ghana.
OSP Challenges Court’s Jurisdiction
The Special Prosecutor, Kissi Agyebeng, maintains that the General Jurisdiction court exceeded its authority. According to the Office, only the Supreme Court has the mandate to interpret the constitutionality of legislation.
The Office insists that the Office of the Special Prosecutor Act, 2017 remains valid and continues to guide its operations unless overturned by the apex court.
It further argued that no court of competent jurisdiction has nullified the law establishing its prosecutorial powers, stressing that its cases remain valid.
Despite the legal uncertainty, the Special Prosecutor has assured the public that all ongoing and planned prosecutions will proceed.
The Office emphasized that its statutory mandate remains intact and that efforts are underway to prevent disruptions to high-profile corruption cases.
Legal observers note that the conflicting rulings could delay proceedings or create procedural challenges, particularly if cases are transferred or paused pending further judicial clarification.
Supreme Court Decision Looms
Attention has now shifted to the Supreme Court, which is expected to provide a definitive interpretation of the Special Prosecutor’s powers. The outcome is likely to shape the future of anti-corruption enforcement in Ghana.
The case highlights broader tensions between institutional independence and constitutional authority, particularly under Article 88 of the 1992 Constitution of Ghana.
As the appeal process unfolds, the legal landscape remains uncertain, with stakeholders closely watching for clarity on the boundaries of prosecutorial authority.
The final ruling, alongside the pending constitutional case, is expected to have far-reaching implications for governance, accountability, and the rule of law in Ghana.
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