Accra: The Office of the Special Prosecutor (OSP) has asserted that only the Supreme Court holds the authority to strike down portions of an Act of Parliament as unconstitutional. This assertion comes in the wake of a High Court ruling questioning the OSP's prosecutorial mandate.
According to Ghana Web, the High Court (General Jurisdiction 10) ruled that the OSP does not possess independent prosecutorial authority, directing that a pending criminal case be referred to the Attorney-General. In response, the OSP issued a statement on its official Facebook page, emphasizing that the High Court lacks 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 affirmed.
The OSP has indicated its intention to challenge the High Court's ruling, describing it as exceeding the court's powers. The statement further noted, "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."
This legal dispute arises from the case of Republic v. Issah Seidu and 3 Others, also known as the "rice scandal case," where two High Courts have issued differing opinions on the OSP's prosecutorial role. The OSP highlighted that the accused individuals are currently on trial before the High Court (Criminal Division), with proceedings still underway.
The Criminal Court had previously denied a motion by the accused to dismiss the case and postponed proceedings pending a Supreme Court decision on the OSP's prosecutorial powers. Contrastingly, in a separate case filed at the High Court (General Jurisdiction 10), the court rejected the OSP's request for an adjournment and ruled that the Office lacks the mandate to prosecute, directing the matter to the Attorney-General.
The OSP has pointed out that these conflicting rulings have led to two different judicial interpretations of its mandate in the same case. Despite this, the OSP has reassured the public of the validity of its current and future prosecutions.
"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 concluded.