The Accra High Court General Jurisdiction Division 10 has ruled that the Office of the Special Prosecutor (OSP) lacks the authority to independently prosecute criminal cases, directing that all cases it initiates be referred to the Attorney-General’s Department.
The decision, delivered on Wednesday by Justice John Eugene Nyadu Nyante, has sparked uncertainty over ongoing OSP prosecutions, which are now effectively on hold pending further legal clarit
In its ruling, the court held that while the OSP is empowered to investigate corruption-related offences, it does not have the constitutional mandate to initiate prosecutions on its own. The judgment relied on Article 88 of the 1992 Constitution, which vests prosecutorial authority exclusively in the Attorney-General.
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The decision stems from a case involving four individuals under investigation by the OSP, including Alhaji Seidu of the National Insurance Commission; James Keck Osei, a former director at the Office of the Vice President; and Customs officers John Abban and Peter Archibold Hyde.
The individuals are accused of conspiring to seize containers using forged documents and a falsified letter purportedly from the Office of the Vice President.
Peter Archibold Hyde, one of the accused, filed a judicial review application seeking to quash the OSP’s decision to prosecute.
In reaction to the ruling, the OSP has indicated it would take steps to challenge the ruling.
“The OSP states that it 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 is only the Supreme Court which can strike down parts of an Act of Parliament as unconstitutional,” the Office said in a statement.
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Conflicting Court Decisions Arise in Republic v. Issah Seidu & 3 Others (Rice Scandal Case)
Accra, Ghana — Proceedings in the case of Republic v. Issah Seidu & 3 Others (Suit No. CR/0513/2025), widely referred to as the “rice scandal case”, have taken… pic.twitter.com/d038QshAq3
— Office of the Special Prosecutor-Ghana (@ospghana) April 15, 2026
At the Supreme Court, there’s a case by a private individual challenging the legality of the OSP’s prosecutorial mandate. The Attorney-General’s Department has aligned with the core argument in that case, indicating that provisions allowing the OSP to prosecute without its authorisation may be inconsistent with Article 88.