Proceedings in the high-profile rice scandal case involving Issah Seidu and three others have been thrown into uncertainty after two High Court judges issued conflicting decisions on the powers of the Office of the Special Prosecutor.
The accused are currently on trial at the Criminal Division of the High Court in Accra, where the case is ongoing.
An attempt by the defence to have the charges dismissed was rejected, with the court adjourning proceedings to await a ruling by the Supreme Court on whether the Special Prosecutor has independent authority to prosecute cases.
However, in a separate but related action filed by the accused at another High Court, a judge reached a different conclusion. The court declined a request by the Special Prosecutor to pause proceedings and ruled that the office does not have independent prosecutorial powers. The judge directed that the case be handled instead by the Attorney-General.
The contrasting rulings have created a legal impasse, with two courts of equal standing taking opposing positions on the same issue in the same case.
The Office of the Special Prosecutor says it is moving swiftly to challenge the second decision, arguing that only the Supreme Court has the authority to declare any part of a law unconstitutional.
It maintains that its mandate under the Office of the Special Prosecutor Act remains valid.
Despite the legal uncertainty, the office insists that all its ongoing and planned prosecutions remain lawful and will continue until the Supreme Court gives a final ruling.
