The Human Rights Division of the Accra High Court presided over by Justice Barbara Tetteh-Charway has slapped on the Office of the Special Prosecutor, a cost of GHc1000 after failing to file its affidavit in response to an application filed by Charles Bissue.
The Court has also ordered the OPS to file its response within 14 days for the hearing of the case.
On June 15, 2023, the OSP was served with the legal process of the application for judicial review filed by lawyers of Charles Bissue, the former Secretary to the dissolved Inter-Ministerial Committee on Illegal Mining (IMCIM) on 2 June 2023.
But, the OSP after 42 days upon receipt of the application filed by counsel for the applicant, Nana Baffour-Awuah Agyei, the OSP has not responded.
In Court on Friday, July 28, Counsel for Charles Bissue, urged the Court to oblige the OSP another opportunity to respond to the application.
The case is adjourned to 4 September 2023.
*Reliefs*
The Applicant is praying the Court for the following reliefs on the grounds deposed to in his application for Judicial Review is as follows;
A declaration that the Notice: “Wanted by the OSP” is in breach of Articles 23 and 296 (a) and (b) of the Constitution, 1992.
An order in the nature of Certiorari to quash or cancel the Arrest Warrant granted by the 2nd Respondent (District Court) to the 1st Respondent.
An Order in the nature of Certiorari to quash the 1st Respondent’s Notice, declaring the Applicant wanted.
An order in the nature of Mandamus to compel the 1st Respondent to comply with the provisions of LI.2374 by providing the Applicant with a copy of the Petitions, forming the basis of the investigations being conducted by the 1st Respondent in respect of which the Applicant is deemed to be a necessary person.
An order in the nature of Prohibition against the 1st Respondent, pending the determination of Suit No, Gl/0328/2023, from applying for Arrest Warrants and hounding the Applicant in the name of investigations.
*Background*
Charles Bissue is in court challenging the OSP in carrying out investigation and or prosecution against him over corruption allegations leveled in the Galamsey Fraud Part 1 documentary published by Anas Aremeyaw Anas and the Tiger Eye P.I.
Per the application, Mr Bissue claims the OSP acted in breach of Section 3(1)(b) of the Special Prosecutors Act 959, as the said investigation excluded Anas Aremeyaw Anas and Tiger Eye P.I.
The application referenced the OSP’s admission as contained in its Statement of defense (in suit no. GJ/0328/2023) of having excluded Anas Aremeyaw Anas and Tiger Eye P.I from investigation in the matter.
In support of this application, lawyers for Mr Bissue referenced a publication by former Special Prosecutor Martin Amidu, made on 29 March 2023, where he indicated that Special Prosecutor, Kissi Adjabeng authored the petition that occasioned the investigation in 2019.
The publication titled “Scandalising the Court by Cohorts of Anti-Corruption Entrepreneurs”, (page 8) had Martin Amidu stating emphatically, that investigation that were conducted into the Galamsey Fraud Part 1 documentary did not exclude Anas Aremeyaw Anas and Tiger Eye P.I.
Additionally, the new Special Prosecutor, Kissi Adjabeng is cited for conflict of interest and bias in this matter, for having represented Anas Aremeyaw Anas and Tiger Eye P.I, and also being a managing partner of Anas Aremeyaw Anas in private law firm; Cromwell Gray LLP.
Source: Kasapafmonline.com/Murtala Inusah
