OSP Cases In Limbo: Court Halts Mustapha Hamid trial …Minority calls for urgent action

Ongoing prosecutions by the Office of the Special Prosecutor (OSP) have suffered a major setback after a High Court adjourned the alleged extortion case involving Dr. Mustapha Abdul-Hamid, former Chief Executive Officer of the National Petroleum Authority (NPA).

Presiding judge, Justice Francis Apangabuno Achibonga, halted the trial after the accused’s lawyers challenged the OSP’s authority to prosecute cases. The court adjourned the case until May 26, pending a ruling on the OSP’s application for a stay of execution regarding its prosecutorial mandate.

The decision effectively stalls not only the Dr. Abdul-Hamid case but also raises questions about all ongoing OSP-led prosecutions, which may remain unresolved until the broader constitutional issue is clarified.

This development follows the April 15, 2026 High Court ruling declaring OSP prosecutions void and directing the Attorney‑General’s Department to take over prosecutions from the OSP.

Defense counsel for Dr. Abdul-Hamid, Akbar Yussif Rohullah Khomeini, explained that the case had been scheduled for a case management conference on April 21.

During proceedings, the defense referenced an earlier High Court ruling by Justice Eugene John Nyante Nyadu, which directed the Attorney‑General to assume control of all prosecutions initiated by the OSP. That ruling cited Section 4(2) of the OSP Act, suggesting the office lacks prosecutorial authority.

Based on this, the defense argued that the OSP no longer has the legal mandate to pursue the case. However, OSP prosecutors, led by Principal Prosecutor Adelaide Kubiri Woode, opposed this position, noting that an application for a stay of execution of the ruling has already been filed. The judge subsequently adjourned the case to allow time for a decision on the OSP’s application.

Minority Demands Swift Action

Meanwhile, the Minority in Parliament is calling for immediate legal and political intervention following the High Court’s ruling that effectively nullifies OSP prosecutions.

At a press briefing in Accra, the Minority outlined four key demands: First, it urged the OSP to immediately appeal the ruling, seek a stay of execution, and escalate the matter to the Supreme Court. Second, it called for an expedited hearing of the pending Supreme Court case (J1/3/2026), which challenges the OSP’s prosecutorial powers, describing it as a matter of urgent national importance. Third, the Minority insisted that Parliament must scrutinize the government’s legal stance in ongoing OSP-related cases, focusing on the Attorney‑General. Fourth, the Minority directed its most pointed criticism at President John Mahama, accusing him of inconsistency in his support for the anti‑corruption body.

Speaking on behalf of the Minority, Gushegu MP and Ranking Member on Parliament’s Legal Affairs Committee, Hassan Tampuli, called on the President to clarify his position.

“We call on President Mahama to come clean with Ghanaians… The President must choose—does he stand with the OSP, or does he stand with the campaign to undermine it?” he said.

The Minority contends that recent legal and political actions directed at the Office of the Special Prosecutor (OSP) are deliberate, not coincidental. In its view, these steps form part of a broader effort by the National Democratic Congress (NDC) government to undermine an institution it originally established to independently investigate and prosecute politically exposed individuals without executive interference.

They argue that tensions intensified in December 2025 after private lawyer Martin Kpebu, an outspoken critic of Special Prosecutor Kissi Agyebeng, was briefly detained at the OSP premises following a clash with security personnel. According to the Minority, the incident triggered swift political backlash from the NDC, setting off a chain of measures aimed at weakening or dissolving the OSP.

The Minority points first to the Office of the Special Prosecutor (Repeal) Bill, 2025, which was introduced in Parliament on December 8 by Majority Leader Mahama Ayariga and Majority Chief Whip Rockson‑Nelson Dafeamekpor. The bill proposed scrapping the OSP and transferring its functions to the Attorney‑General’s Department.

Although the bill was later withdrawn amid public criticism and remarks by President John Mahama describing it as “premature,” the Minority maintains that the objective remained unchanged, with efforts shifting from the legislative arena to the courts.

“The repeal bill may have been withdrawn, but the intent to dismantle the OSP persisted,” the Minority asserted, claiming that numerous petitions were subsequently filed seeking the removal of the Special Prosecutor. They say about 15 such petitions were submitted to the Presidency, all alleging misconduct or incompetence by Mr. Agyebeng.

However, the Minority notes that the Chief Justice, after reviewing the referred petitions, determined that none established a prima facie case to justify further proceedings—an outcome they describe as the collapse of that strategy.

Following this, the Minority alleges that attention turned to the Supreme Court, highlighting a lawsuit filed in December 2025 by a private lawyer challenging the constitutionality of the OSP’s prosecutorial powers. They express particular concern about the Attorney‑General’s position, accusing him of supporting the plaintiff and arguing that Parliament acted improperly by granting the OSP independent prosecutorial authority under Act 959.

They also criticized a High Court ruling issued on April 15, 2026, which held that the OSP lacks constitutional authority to initiate prosecutions, invalidated ongoing cases, and ordered the Attorney‑General to assume control. The Minority argues that this ruling oversteps the High Court’s authority by encroaching on the Supreme Court’s exclusive mandate to interpret the Constitution.

“A lower court cannot usurp the role of the Supreme Court,” the Minority insisted, emphasizing that Act 959 remains valid until the apex court rules otherwise.

Positioning the matter as a test of governance and accountability, the Minority accuses the NDC of betraying its anti‑corruption commitments. It argues that a government truly committed to fighting corruption would not attempt to weaken the only anti‑corruption body with prosecutorial independence from the Executive.

“A party unwilling to face an independent prosecutor is unwilling to be held accountable,” the Minority said, warning that restoring full control of corruption prosecutions to an Attorney‑General appointed by the President would reverse important institutional safeguards.

The Caucus has called for an immediate appeal and suspension of the High Court ruling, a fast‑tracked Supreme Court hearing on the constitutional matter, and for the Attorney‑General to appear before Parliament to explain his actions. It also urged President Mahama to clearly state his position on the OSP and what the Minority describes as efforts to dismantle it.

“The Supreme Court has yet to rule,” the Minority concluded. “Until then, the OSP remains, and we will continue to support it.”