The Office of the Special Prosecutor (OSP) has emphasised that only the Supreme Court holds the authority to declare sections of an Act of Parliament unconstitutional. This follows conflicting High Court rulings in the ongoing ‘rice scandal’ case. One ruling directed the Attorney-General’s Department to assume prosecutions initiated by the OSP, declaring those proceedings invalid. In a statement issued on April 15, the OSP noted that two High Courts have delivered divergent positions on its prosecutorial mandate in the case involving Issah Seidu and three others.
The OSP added that proceedings remain active before the High Court (Criminal Division), which dismissed a motion by the accused to strike out the case. The matter has been adjourned pending a Supreme Court decision on a separate challenge to the OSP’s powers..
However, in a separate action at another High Court, the judge ruled that the OSP does not have independent prosecutorial authority and directed that the case be handled by the Attorney-General. The court also refused a request by the OSP to suspend proceedings until the Supreme Court makes a final decision.
The OSP said these developments have created two different legal positions on the same issue. It stressed that the High Court does not have the power to invalidate any part of an Act of Parliament, insisting that such authority lies only with the Supreme Court. The anti-corruption body said it is taking steps to challenge the decision of the High Court that ruled against its powers. The OSP maintains that all its ongoing and planned prosecutions remain valid under the law and will continue until the Supreme Court gives a final ruling on the matter.
Source: Abigail Arthur
