The High Court has rejected an application to discharge the accused persons in the ongoing case of Republic v. Mustapha Hamid & Others, affirming that the case will proceed as scheduled.
The application was based on the argument that the Office of the Special Prosecutor (OSP) lacks the prosecutorial powers to bring charges in the case.
The Court cited a previous ruling dated 15 April 2026, which upheld the OSP’s prosecutorial mandate, effectively dismissing the invitation to discharge the accused on this ground. The presiding judge emphasized that the matter concerning the OSP’s authority is still under consideration, given the various ongoing proceedings related to its prosecutorial powers.
The Court adjourned the trial to 26 May 2026, allowing time for further clarity on the legal and constitutional issues surrounding the OSP’s mandate.
During the proceedings, counsel representing the accused argued that the OSP does not have the legal authority to prosecute, asserting that its powers are not conferred by law. Conversely, the OSP maintained that it possesses the necessary authority under its enabling statutes, which remain in force, unamended, and have not been repealed or struck down by any court.
This case continues to draw attention as it raises important questions about the legal scope and independence of the Office of the Special Prosecutor in Ghana’s judicial system.
