The Office of the Special Prosecutor (OSP) has announced plans to challenge a recent High Court decision that questioned its prosecutorial authority, insisting that the ruling exceeds the High Court’s jurisdiction.
According to the OSP, it is taking immediate steps to overturn the decision of the General Jurisdiction Court, arguing that a High Court does not have the power to declare provisions of an Act of Parliament unconstitutional.
The Office maintained that only the Supreme Court of Ghana has the authority to strike down any part of a law as unconstitutional.
“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,” OSP said in a tweet on its official page on Wednesday, April 15, 2026.
The ruling by the High Court issued on Wednesday, April 15, by Justice John Nyante Nyadu, directed the Attorney-General and Ministry of Justice to take over the prosecution of the case titled ‘Republic v. Issah Seidu & 3 Others (Rice Scandal Case).
The Court also awarded costs of GH₵15,000 against the OSP in addition to ordering the transfer of prosecutorial control.
Amid the legal dispute, the OSP has assured the public that all ongoing and intended criminal prosecutions remain valid and will proceed as mandated.
It stressed that its authority is grounded in the Office of the Special Prosecutor Act, 2017 (Act 959), which remains in full force until the Supreme Court determines otherwise.
The Office reiterated its commitment to carrying out its mandate, adding that the pending judicial review will ultimately clarify the scope of its prosecutorial powers.
In a tweet shortly after the ruling by the High Court, the Office said: “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.”
