A High Court in Accra has refused an application seeking to discharge former Chief Executive Officer of the National Petroleum Authority, Mustapha Hamid, and his co-accused in an ongoing corruption case, instead adjourning proceedings to May 26, 2026, as legal uncertainty surrounding the prosecutorial powers of the Office of the Special Prosecutor (OSP) deepens.
The decision effectively places the trial on hold, with the court opting not to strike out the case despite strong arguments from the defence challenging the constitutional authority of the OSP to prosecute criminal matters.
Lawyers for the accused had urged the court to dismiss the case entirely, relying on a recent April 15, 2026, High Court ruling which held that the OSP does not have the constitutional mandate to independently prosecute cases and must instead refer such matters to the Attorney-General.
However, counsel for the OSP pushed back against this position, maintaining that the office continues to derive prosecutorial authority from its establishing law, which remains valid and has not been set aside by a higher court.
In his ruling, the presiding judge acknowledged that the question of the OSP’s prosecutorial powers is currently the subject of multiple legal challenges across the judicial system. He noted that it would be premature to make a conclusive determination on the fate of the case while those broader constitutional issues remain unresolved.
As a result, the court declined to discharge the accused persons and instead adjourned proceedings, leaving the case—Republic v. Mustapha Hamid & Others—in a state of legal limbo.
The adjournment underscores the growing complexity surrounding the operations of the OSP, which has become the centre of an intense legal and political contest over its mandate.
At the heart of the dispute is whether the OSP, established as an independent anti-corruption body, has the authority to initiate prosecutions or whether that power rests exclusively with the Attorney-General under Ghana’s Constitution.
The issue is now before the Supreme Court, following a suit filed by private legal practitioner Noah Adamtey (J1/3/2026), which seeks a definitive interpretation of the OSP’s powers.
Until the apex court delivers its ruling, uncertainty is likely to persist, with implications for ongoing and future corruption-related prosecutions.
The latest court decision means that the case against Mr Hamid and his co-accused will remain unresolved for now, as the judiciary awaits clarity on the constitutional questions that could ultimately determine the fate of the OSP’s prosecutorial authority.
Meanwhile, the situation has attracted political attention, with the Minority in Parliament calling for an expedited hearing at the Supreme Court and urging the OSP to appeal the earlier High Court ruling.
They argue that the current legal ambiguity risks undermining the fight against corruption by stalling prosecutions and creating confusion over the institutional framework for accountability.
For now, all eyes will be on the Supreme Court, whose eventual ruling is expected to have far-reaching consequences for Ghana’s anti-corruption architecture and the future role of the Office of the Special Prosecutor.
