The Office of the Special Prosecutor (OSP) has announced that conflicting judicial decisions have emerged in the ongoing Republic v. Issah Seidu & 3 Others (Suit No. CR/0513/2025), popularly known as the “rice scandal case.”
The accused persons are currently standing trial before the High Court (Criminal Division), where proceedings remain active. The Criminal Court recently dismissed an application by the defense seeking to strike out the case, adjourning proceedings to await a Supreme Court ruling on whether the OSP possesses independent prosecutorial authority. Both the OSP and the Attorney-General are parties to that constitutional matter.
In a parallel action, however, the accused initiated proceedings before the High Court (General Jurisdiction 10). Unlike the Criminal Court, the General Jurisdiction judge rejected the OSP’s request to adjourn pending the Supreme Court’s decision. The judge ruled that the OSP lacks independent prosecutorial mandate and directed that the case be referred to the Attorney-General for prosecution.
The two rulings have created divergent judicial positions on the OSP’s authority in the same matter. In response, the OSP has indicated it will move swiftly to overturn the General Jurisdiction Court’s decision, stressing that only the Supreme Court has the power to strike down provisions of an Act of Parliament as unconstitutional.
Reaffirming its mandate under the Office of the Special Prosecutor Act, 2017 (Act 959), the OSP assured the public that all ongoing and upcoming prosecutions remain valid until the Supreme Court delivers its final determination.
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