The prosecution of Republic v. Issah Seidu & 3 Others (Suit No. CR/0513/2025), popularly known as the “Rice Scandal,” has entered a complex legal stalemate following contradictory rulings from two different divisions of the High Court.
At the heart of the deadlock is a fundamental disagreement over whether the Office of the Special Prosecutor (OSP) possesses the independent authority to prosecute cases without the direct intervention of the Attorney-General.
A Tale of Two Courts
The proceedings have taken divergent paths across two divisions of concurrent jurisdiction:
The High Court (Criminal Division):
The judge in this division recently dismissed an application by the accused persons to strike out the charges. Acknowledging the constitutional weight of the OSP’s status, the court adjourned proceedings. This pause is intended to await a definitive ruling from the Supreme Court, where both the plaintiff and the Attorney-General are currently litigating the extent of the OSP’s independent prosecutorial powers.
The High Court (General Jurisdiction 10):
In a parallel civil action initiated by the accused, the presiding judge took a markedly different stance. The court declined the OSP’s request to adjourn pending the Supreme Court’s decision. Instead, the judge ruled that the OSP lacks an independent prosecutorial mandate and ordered that the case be referred to the Attorney-General for prosecution.
Jurisdictional Tension and the OSP Response
The OSP has moved quickly to challenge the ruling of the General Jurisdiction Court. The Office maintains that the High Court exceeded its authority, arguing that only the Supreme Court of Ghana has the jurisdiction to declare parts of an Act of Parliament specifically the Office of the Special Prosecutor Act, 2017 (Act 959) unconstitutional.
In an official statement, the OSP characterized the General Jurisdiction ruling as an overreach, asserting that Act 959 remains valid law until the apex court says otherwise.
”The OSP is taking immediate steps to overturn the decision of the General Jurisdiction Court. The High Court does not have the jurisdiction to, in effect, strike down parts of an Act of Parliament as unconstitutional.”
Public Assurance
Despite the conflicting signals from the bench, the OSP has issued a firm assurance to the public regarding its ongoing and future caseload. The Office maintains that all current criminal prosecutions remain valid and will proceed under the existing mandate of Act 959.
Legal experts suggest that the situation creates a “judicial knot” that can only be untied by the Supreme Court.
Until then, the “Rice Scandal” case stands as a landmark test of the OSP’s autonomy and the structural integrity of Ghana’s anti-corruption framework.
