A High Court has declined an application to discharge Former Chief Executive Officer of the National Petroleum Authority, Mustapha Hamid, and his co-accused in a case brought by the Office of the Special Prosecutor, despite arguments challenging the OSP’s authority to prosecute.
Instead, the court adjourned the matter to May 26, 2026, effectively keeping the trial in abeyance as wider legal questions over the OSP’s constitutional mandate continue to unfold.
The accused persons had asked the court to strike out the case entirely, relying on a recent April 15, 2026, High Court ruling that declared all OSP prosecutions null and void on constitutional grounds.
But lawyers for the OSP opposed the application, insisting that the office still retains valid prosecutorial powers under its establishing laws, which remain in force and have not been overturned.
The presiding judge noted that the legal questions surrounding the OSP’s authority are currently being litigated in multiple courts and said it would be premature to make a final determination at this stage.
The adjournment means the case — formally Republic v. Mustapha Hamid & Others — will remain unresolved until at least late May, when further clarity is expected on the broader constitutional dispute.
The development comes amid a wider legal battle over the powers of the OSP, including a pending Supreme Court case filed by private legal practitioner Noah Adamtey (J1/3/2026), which seeks to challenge the constitutionality of the office’s prosecutorial mandate.
Meanwhile, the NPP Minority in Parliament has also called for the OSP to appeal the earlier ruling and for expedited determination of the Supreme Court matter, arguing that the uncertainty is undermining anti-corruption enforcement.
The OSP, established as an independent anti-corruption agency, has in recent months become a focal point of legal and political debate following conflicting court decisions over the scope of its powers.
The next hearing in the Mustapha Hamid case is set for May 26, 2026.
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