The Office of the Special Prosecutor (OSP) says it will challenge a High Court ruling that questioned its authority to prosecute certain cases. The decision, it said, goes beyond the court’s jurisdiction.
In a statement issued on Wednesday, April 15, 2026, the OSP said it is taking immediate legal steps to overturn the ruling.
It argued that a High Court does not have the power to declare provisions of an Act of Parliament unconstitutional.
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According to the Office, that authority rests solely with the Supreme Court of Ghana.
In a post on its official page, the Office stated, “The OSP 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 do so.”
The development follows a ruling by the High Court, presided over by Justice John Nyante Nyadu, which directed the Attorney-General and Ministry of Justice to assume control of the prosecution in the case titled Republic v. Issah Seidu & 3 Others (Rice Scandal Case).
The court further awarded costs of GH₵15,000 against the OSP and ordered the transfer of prosecutorial authority.
Despite the ruling, the OSP has assured the public that all ongoing and planned prosecutions remain valid and will proceed without interruption.
The Office emphasised that its mandate is firmly grounded in the Office of the Special Prosecutor Act, 2017 (Act 959), which remains in force unless declared otherwise by the Supreme Court.
It added that the impending legal challenge will ultimately help clarify the extent of its prosecutorial powers.
“All criminal prosecutions commenced and those yet to be initiated remain valid and will proceed under our mandate,” the statement stressed.