OSP moves to clarify mandate as courts issue divergent rulings in "Rice Scandal" case

The Office of the Special Prosecutor (OSP) has responded to conflicting judicial decisions arising from proceedings in the case of Republic v. Issah Seidu & 3 Others (Suit No. CR/0513/2025), referred to as the "rice scandal case". The accused persons are currently standing trial before the High Court (Criminal Division), where proceedings remain ongoing. The Criminal Court dismissed an application by the accused persons seeking to strike out the case. The court adjourned the matter pending a determination by the Supreme Court on a constitutional issue relating to the independent prosecutorial authority of the OSP.

In a parallel development, the accused persons instituted another action at the High Court (General Jurisdiction 10). That court refused an application by the OSP to stay proceedings pending the Supreme Court's decision. The judge in that matter held that the OSP lacks independent prosecutorial mandate and directed that the case be referred to the Attorney-General for prosecution. These contrasting rulings have resulted in differing judicial positions on the same matter, particularly regarding the prosecutorial authority of the OSP.

The OSP has indicated that it is taking immediate steps to challenge the decision of the General Jurisdiction Court, arguing that the High Court does not have jurisdiction to, in effect, strike down provisions of an Act of Parliament on constitutional grounds. It maintains that such authority rests solely with the Supreme Court. The Office further assures the public that all criminal prosecutions it has commenced, as well as those it is about to commence, remain valid and will continue under its mandate as established by the Office of the Special Prosecutor Act, 2017 (Act 959), which remains in force pending the Supreme Court's determination.