The Office of the Special Prosecutor (OSP) has announced plans to challenge a High Court ruling that held that it lacks the prosecutorial powers to try accused persons in the ongoing ‘rice scandal’ case.
In a statement issued on April 15, 2026, the OSP said it is taking steps to overturn the decision by the High Court (General Jurisdiction 10), which directed that the case be referred to the Attorney-General’s Department.
The anti-graft office argued that the High Court overstepped its mandate, insisting that only the Supreme Court of Ghana has the jurisdiction to declare provisions of an Act of Parliament unconstitutional.
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The case, Republic v. Issah Seidu & 3 Others (Suit No. CR/0513/2025), is currently before the High Court (Criminal Division), where trial proceedings are ongoing.
The accused persons—Issah Seidu, James Keck Osei, John Abban, and Peter Archibold Hyde—have been charged over an alleged attempt to unlawfully acquire ten containers of imported rice at the Tema Port.
According to the OSP, the rice shipment was imported from Thailand in 2022 with all duties paid. However, Issah Seidu is alleged to have used forged documents, including a letter purportedly from the Office of the Vice President, to claim ownership of the containers.
Earlier, the Criminal Division of the High Court dismissed an application by the accused persons seeking to strike out the case and adjourned proceedings pending a determination by the Supreme Court on the OSP’s prosecutorial powers.
In a separate but related action, the High Court (General Jurisdiction 10) declined a request by the OSP to stay proceedings. It ruled that the Office lacks an independent prosecutorial mandate, directing that the Attorney-General handle the matter.
Despite the ruling, the OSP maintained that all prosecutions it has initiated—and those it intends to initiate—remain valid, as its enabling law, the Office of the Special Prosecutor Act, 2017 (Act 959), is still in force.
The Office further indicated that it will pursue legal steps to overturn the High Court’s decision while awaiting a final determination by the Supreme Court on the broader question of its prosecutorial authority.