Office of the Special Prosecutor asserts Supreme Court's sole authority to declare Acts of Parliament unconstitutional
via GhanaWeb3 hours ago2 min read
The Office of the Special Prosecutor OSP has affirmed that only the Supreme Court can declare parts of an Act of Parliament unconstitutional, following a High Court ruling that challenged the OSP's prosecutorial mandate. A High Court General Jurisdiction 10 recently ruled that the OSP lacks independent prosecutorial authority and directed that a pending criminal case be referred to the Attorney-General. In response, the OSP stated on April 15, 2026, via its official Facebook page, that the High Court does not have the jurisdiction to make such a determination. The OSP is taking steps to overturn this ruling, describing it as exceeding the High Court's powers. This development arises from the "rice scandal case" Republic v. Issah Seidu & 3 Others, where two High Courts have presented differing views on the OSP's role. While the High Court Criminal Division had previously dismissed an application to strike out the case and adjourned proceedings pending a Supreme Court decision on the OSP's prosecutorial authority, the High Court General Jurisdiction 10 declined an OSP adjournment request and ruled against its mandate. The OSP assures the public that its ongoing and future prosecutions remain valid under the Office of the Special Prosecutor Act, 2017 Act 959, as the matter has not been decided by the Supreme Court.
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Original source
This summary was AI-generated from a story originally published by GhanaWeb.
