Conflicting judicial decisions have emerged in the ongoing case of Republic v. Issah Seidu & 3 Others (Suit No. CR/0513/2025), widely known as the “rice scandal case,” raising questions over the prosecutorial authority of the Office of the Special Prosecutor (OSP).

The accused persons are currently standing trial before the High Court (Criminal Division), where proceedings remain ongoing. In that court, a judge dismissed an application by the defense seeking to strike out the case and subsequently adjourned proceedings pending a determination by the Supreme Court of Ghana.

The matter before the apex court involves a challenge—by both the plaintiff and the Attorney-General's Department—to the independent prosecutorial powers of the OSP.

However, in a parallel development, the accused persons filed a separate action at the High Court (General Jurisdiction 10), which has produced a contrasting outcome.

The General Jurisdiction court declined an application by the OSP to adjourn proceedings pending the Supreme Court’s ruling and instead held that the OSP lacks an independent prosecutorial mandate.

The court further directed that the case be referred to the Attorney-General for prosecution.

The divergent rulings from two courts of concurrent jurisdiction have created uncertainty regarding the OSP’s authority to prosecute the matter.

In response, the OSP has indicated that it is taking steps to overturn the decision of the General Jurisdiction court, arguing that the High Court does not have the jurisdiction to effectively strike down provisions of an Act of Parliament as unconstitutional—a power reserved exclusively for the Supreme Court.

The OSP also assured the public that all prosecutions it has initiated, as well as those yet to be commenced, remain valid under the Office of the Special Prosecutor Act, 2017 (Act 959), which is still in force pending a final determination by the Supreme Court.

The case is expected to continue drawing attention as the legal questions surrounding the OSP’s mandate are resolved.