The Office of the Special Prosecutor (OSP) says it will challenge a High Court ruling which held that it lacks the authority to prosecute accused persons in the ongoing 'rice scandal case'.

The Office, in a statement, said it is taking steps to overturn the decision delivered on April 15, 2026, by a judge of the High Court (General Jurisdiction 10), which directed that the case be referred to the Attorney-General.

In a statement, the OSP maintained that the High Court does not have the jurisdiction to strike down provisions of an Act of Parliament as unconstitutional, insisting that only the Supreme Court has that authority.

The case, Republic v. Issah Seidu & 3 Others (Suit No. CR/0513/2025), is currently before the High Court (Criminal Division), where trial proceedings are ongoing.

The accused persons, Issah Seidu of the National Insurance Commission, Mr James Keck Osei, a former director at the Vice President’s Secretariat, and two senior Customs officers, Mr John Abban and Mr Peter Archibold Hyde, have been charged in connection with an alleged attempt to unlawfully acquire ten containers of imported rice at the Tema Port.

According to the OSP, the rice was imported from Thailand in 2022 with duties fully paid, but Seidu allegedly used forged documents, including a letter purportedly from the Office of the Vice President, to claim the containers.

The Criminal Division of the High Court earlier dismissed an application by the accused persons seeking to strike out the case and adjourned proceedings to await a determination by the Supreme Court on the question of the OSP’s prosecutorial powers.

In a separate action at the High Court (General Jurisdiction 10), the court declined a request by the OSP to adjourn proceedings and ruled that the Office lacks an independent prosecutorial mandate, directing that the case be handled by the Attorney-General.

The OSP said that despite the ruling, all criminal prosecutions it has commenced, as well as those it intends to commence, remain valid. It explained that its governing law, the Office of the Special Prosecutor Act, 2017 (Act 959), is still in force as the Supreme Court has not yet made a final determination on the matter.

The Office added that it would move to overturn the High Court decision while the Supreme Court considers the broader question of its prosecutorial authority.