The Office of the Special Prosecutor (OSP) has moved swiftly to defend its authority after a High Court in Accra ordered the Attorney-General’s Department to take over all criminal prosecutions currently being handled by the anti-corruption body.
The ruling, delivered on Wednesday, April 15, by Justice John Nyante Nyadu, has triggered fresh debate over the legal powers of the OSP and the limits of the High Court’s authority.
In addition to transferring prosecutorial control, the Court awarded costs of GH₵15,000 against the OSP.
However, the Special Prosecutor’s Office insists that the decision does not undermine its legal mandate under the Office of the Special Prosecutor Act, 2017 (Act 959).
In a statement issued shortly after the ruling, the OSP argued that only the Supreme Court has the constitutional authority to declare provisions of an Act of Parliament invalid.
According to the office, the High Court effectively attempted to strike down sections of the law establishing its prosecutorial powers, despite lacking the jurisdiction to do so.
“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 OSP said it has already begun legal action to overturn the ruling and restore full control over its ongoing prosecutions.
Despite the court order, the office maintains that all cases it has initiated remain lawful and can continue unless the Supreme Court decides otherwise.
“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,” the statement added.
The ruling emerged from proceedings in Republic v. Issah Seidu & 3 Others, also known as the “rice scandal case”, which has become the latest legal battleground over the independence and powers of the OSP.
The case is expected to shape future interpretation of the OSP’s prosecutorial authority and could ultimately end up before the Supreme Court for a final determination.
