Only Supreme Court can strike down parts of an Act of Parliament as unconstitutional – OSP

The Office of the Special Prosecutor (OSP) has maintained that only the Supreme Court has the authority to declare parts of an Act of Parliament unconstitutional, following a High Court ruling challenging its prosecutorial mandate.

This follows a decision by a High Court (General Jurisdiction 10) which ruled that the OSP lacks independent prosecutorial authority and directed that a pending criminal case be referred to the Attorney-General.

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In a statement issued on its official Facebook page on Wednesday, April 15, 2026, the OSP said the High Court does not have jurisdiction to make such a determination.

“It is only the Supreme Court which can strike down parts of an Act of Parliament as unconstitutional,” the statement said.

The Office further indicated that it is taking steps to overturn the ruling, describing it as one that exceeds the powers of the High Court.

“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 added.

The development stems from proceedings in the case of Republic v. Issah Seidu & 3 Others, also referred to as the “rice scandal case,” where two High Courts have taken differing positions on the OSP’s role.

According to the OSP, the accused persons are currently standing trial before the High Court (Criminal Division), where proceedings are ongoing.

The Criminal Court had earlier dismissed an application by the accused persons to strike out the case and adjourned proceedings pending a Supreme Court determination on a related challenge to the OSP’s prosecutorial authority.

However, in a separate suit filed at the High Court (General Jurisdiction 10), the court declined the OSP’s request for adjournment and ruled that the Office lacks mandate to prosecute the case, subsequently directing that it be handled by the Attorney-General.

The OSP said the conflicting rulings have created two different judicial positions on its mandate in the same matter.

It, however, assured the public that its ongoing and future prosecutions remain valid.

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“The OSP firmly assures the public that all the criminal prosecutions it has commenced before the courts and all the criminal prosecutions it is about to commence before the courts remain valid and would proceed based on its mandate under the Office of the Special Prosecutor Act, 2017 (Act 959), which remains valid and in force as the matter has not been decided by the Supreme Court,” the statement added.

MAG/VPO

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