The Office of the Special Prosecutor (OSP) has announced that the High Court has refused an application to discharge the accused persons in the case of Republic v. Mustapha Hamid & Others, as legal arguments continue over the prosecutorial mandate of the anti-corruption body.
According to a statement posted on its social media platforms on Tuesday, April 21, the OSP said the Court declined an invitation by counsel for the accused to terminate the proceedings because the OSP lacks prosecutorial authority.
The Court instead relied on an earlier High Court ruling dated April 15, 2026, in reaching its decision.
The Court further noted that there are multiple ongoing legal proceedings concerning the scope of the OSP’s prosecutorial powers. In view of this, it adjourned the trial to May 26, 2026, indicating that greater clarity may emerge on the matter by that date.
Lawyers for the accused, including Mustapha Hamid, argued that the OSP does not have the legal authority to prosecute the charges brought against them.
They maintained that the absence of such authority renders the proceedings invalid and warrants the discharge of the accused persons.
However, the OSP firmly rejected this position, insisting that it derives its prosecutorial powers from its enabling statutes, which remain in full force and effect.
The anti-corruption body emphasised that these laws have not been repealed, amended, revoked, or struck down, and therefore continue to provide a lawful basis for its actions in the case.
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