The Human Rights Division of the High Court in Accra has granted former Secretary to the dissolved Inter-Ministerial Committee on Illegal Mining (IMCIM), Charles Cromwell Bissue’s request to discontinue his action seeking for a Judicial Review against the Office of the Special Prosecutor (OSP).
The action for Judicial Review filed on June 2, 2023, by Mr. Bissue was anchored on the grounds that, the OSP breached the provisions of Act 959 when it investigated only him to the exclusion of Anas Aremeyaw Anas and Tiger Eye PI, “for the alleged offence when the latter had admitted that they were involved in the commission of the offence.”
But, with another action for enforcement of his fundamental rights pending before the Court differently constituted, which will potentially arrive at the same outcome, Mr. Bissue directed his lawyers to discontinue that action for judicial review.
Charles Bissue through his lawyers led by Nana Agyei Baffour Awuah had formally applied to the court and argued that their client wants to focus on the other leg of the Application for enforcement of his fundamental rights which is pending before the Human Rights Court ‘2’ as that will give him the same outcome.
Justice Barbara Tetteh-Charway consequently struck out the application as withdrawn.
Background
As part of his case to the court, Mr Bissue’s contention was that the Respondent (OSP) “acted irrationally and unfairly in its investigation of only him for the alleged offence when the Petition, the basis of the said investigation was authored by the incumbent Special Prosecutor, Mr. Kissi Agyebeng.”
The former Secretary to the IMCIM also contended that, “the Respondent acted irrationally and unfairly in investigation only the Applicant for the alleged offence to the exclusion of Anas Aremeyaw Anas and Tiger Eye PI, especially when the predecessor of the Respondent, Mr. Martin Amidu admitted that the Respondent, during his tenure, was investigating both the Applicant (Bissue) and Anas Aremeyaw Anas and Tiger Eye PI, for the alleged offence.”
Reliefs
The Application for judicial review was seeking the following reliefs;
a) A declaration that upon a true and proper interpretation of the section 3(1)(b) of Office of the Special Prosecutor Act, 2017 (Act 959), it is mandatory for the Office of the Special Prosecutor to investigate and /or prosecute both the public officer and private person(s) involved in the commission of the alleged offence.
b) A declaration that accordingly, any investigations of the Applicant by the Respondent must of necessity include investigations of Anas Aremeyaw Anas and Tiger Eye PI.
c) A declaration that the investigation of only the Applicant by the Respondent, without investigating Anas Aremeyaw Anas and Tiger Eye PI, is contrary to section 3(1)(b) of Act 959 and therefore unlawful.
d) A declaration that the Respondent investigation of only the Applicant to the exclusion of Anas Aremeyaw Anas and Tiger Eye PI was tainted by his Conflict of Interest as the Petition, the basis of the investigation, was authored by the incumbent Special Prosecutor, Mr. Kissi Agyebeng.
e) An order of certiorari directed at the Respondent, quashing the outcome of the aforesaid investigation of only the Applicant by the Respondent for being contrary to section 3(1)(b) of Act 959.
f.An order of prohibition directed at the Respondent, to restrain the Respondent from prosecuting the Applicant on the basis of the aforesaid investigation of only the Applicant, done by the Respondent.
g) An order of prohibition directed at the Respondent, to restrain the Respondent from investigating and/or prosecuting the Applicant to the exclusion of Anas Aremeyaw Anas and Tiger Eye PI.
Ground
Per the grounds of that application, he said, the Respondent breached the provisions of Act 959 when it investigated only the Applicant to the exclusion of Anas Aremeyaw Anas and Tiger Eye PI, for the alleged offence when the latter had admitted that they were involved in the commission of the offence.
“That the Respondent acted irrationally and unfairly in its investigation of only the Applicant for the alleged offence when the Petition, the basis of the said investigation was authored by the incumbent Special Prosecutor, Mr. Kissi Agyebeng.
“That the Respondent acted irrationally and unfairly in investigation only the Applicant for the alleged offence to the exclusion of Anas Aremeyaw Anas and Tiger Eye PI, especially when the predecessor of the Respondent, Mr. Martin Amidu admitted that the Respondent, during his tenure, was investigating both the Applicant and Anas Aremeyaw Anas and Tiger Eye PI, for the alleged offence.
“An order of certiorari directed at the Respondent, quashing the outcome of the aforesaid investigation of only the Applicant by the Respondent for being contrary to section 3(1)(b) of Act 959.
“An order of prohibition directed at the Respondent, to restrain the Respondent from prosecuting the Applicant on the basis of the aforesaid investigation of only the Applicant, done by the Respondent.
“An order of prohibition directed at the Respondent, to restrain the Respondent from investigating and/or prosecuting the Applicant to the exclusion of Anas Aremeyaw Anas and Tiger Eye PI,” he stated.
Source: Kasapafmonline.com/Murtala Inusah
