By Issah Olegor
Fresh controversy has erupted around the prosecution of former Chief Executive Officer of the National Petroleum Authority (NPA), Dr. Mustapha Abdul-Hamid, following moves by the Office of the Special Prosecutor (OSP) to seek a variation of bail conditions already granted to him and nine other accused persons in the ongoing NPA criminal trial.
Sources familiar with the case say the Special Prosecutor, Kissi Agyebeng, has directed his officers to file a motion before the High Court to tighten bail conditions, a development that has sparked debate within legal and political circles about the use of prosecutorial discretion and its implications for the rights of accused persons.
Bail Granted And Complied With
The ten accused persons, including Dr. Abdul-Hamid, were first granted bail in February 2025 by the OSP itself after they appeared before investigators for interrogation in relation to alleged financial improprieties linked to the Unified Petroleum Price Fund (UPPF).
Subsequently, the accused were arraigned before High Court Criminal Division 3, where the presiding judge reviewed the matter and confirmed bail for all accused persons.
The Court records show that from July 2025, all accused persons have fully complied with their bail conditions, including reporting requirements and surety obligations, without any recorded breaches.
Case Transfer And Fresh Charges
In a move that significantly altered the course of proceedings, the OSP later filed a fresh charge sheet, prompting the withdrawal of the case from Criminal Court 3.
The matter was reassigned to High Court Criminal Division 4, where the accused persons reappeared before a new judge on December 9, 2025.
At that sitting, the court once again granted bail to all accused persons, maintaining conditions that were substantially similar to those imposed earlier in July.
The court’s decision reaffirmed the accused persons’ right to liberty pending trial, especially in the absence of any violation of previous bail terms.
OSP’s Move To Vary Bail Sparks Questions
It is against this backdrop that the OSP’s reported decision to seek stricter bail conditions has drawn criticism. Legal observers question the basis for the move, particularly since the accused persons have not defaulted on any bail condition since their release.
Critics argue that the development appears inconsistent, noting that the same OSP which granted bail at the investigative stage is now dissatisfied that the courts have independently exercised their discretion to grant bail under what are described as even more favorable conditions.
Application To Strike Out Charges
Meanwhile, Dr. Abdul-Hamid’s legal team has escalated the matter by filing an application at the Accra High Court seeking to strike out the charges against him.
According to court filings reported on December 17, 2025, the defense argues that the 54 counts—including extortion, abuse of public office, and money laundering—are legally defective and unsupported by sufficient evidence.
The application forms part of a broader defense strategy that challenges both the substance of the charges and the procedural conduct of the prosecution since the case began.
A Case Under Intense Public Scrutiny
The NPA case has become one of the most closely watched prosecutions under the current Special Prosecutor, not only because of the seniority of the accused but also due to recurring procedural disputes, amended charge sheets, and public exchanges between the OSP and defense lawyers.
