High Court pauses Mustapha Hamid OSP trial pending ruling on prosecutorial authority

The High Court of Ghana has declined an application seeking to discharge former Chief Executive Officer of the National Petroleum Authority, Mustapha Hamid, and his co-accused in an ongoing prosecution brought by the Office of the Special Prosecutor (OSP).

The accused persons had petitioned the court to strike out the case entirely, relying on a recent High Court ruling delivered on April 15, 2026, which declared all prosecutions initiated by the OSP null and void on constitutional grounds. Their legal argument centred on the claim that the OSP currently lacks valid authority to prosecute criminal cases.

However, lawyers for the OSP strongly opposed the application, maintaining that the Office still retains prosecutorial powers under its establishing legislation. They argued that the legal framework governing the institution remains valid and has not been invalidated by any superior court.

After hearing arguments from both sides, the presiding judge ruled against the discharge application. The court noted that the constitutional questions surrounding the OSP’s prosecutorial mandate are still actively being examined in multiple courts, including higher appellate processes.

The judge further stated that it would be premature to terminate the proceedings at this stage, given the ongoing legal uncertainty. As a result, the case—formally styled Republic v. Mustapha Hamid & Others—has been adjourned to May 26, 2026.

The adjournment means the trial will remain on hold until at least late May, when the court is expected to revisit the matter in light of possible developments in related constitutional litigation.

The case forms part of a broader legal dispute surrounding the powers of the Office of the Special Prosecutor, which has recently faced conflicting judicial interpretations regarding the extent of its authority to initiate and sustain criminal prosecutions.

A separate matter is currently pending before the Supreme Court of Ghana, filed by private legal practitioner Noah Adamtey (J1/3/2026), which directly challenges the constitutionality of the OSP’s prosecutorial mandate. The outcome of that case is widely expected to have far-reaching implications for ongoing corruption-related prosecutions in the country.

Meanwhile, the NPP Minority in Parliament has called for urgent clarity on the matter, urging the OSP to appeal the earlier High Court ruling and for the Supreme Court to expedite its determination. They argue that the current legal uncertainty risks weakening Ghana’s anti-corruption enforcement framework.

The OSP, established as an independent anti-corruption institution, has in recent months become the centre of intense legal and political debate as courts continue to issue differing interpretations of its powers.

The case involving Mustapha Hamid and his co-accused is scheduled to return to court on May 26, 2026.