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 GHc1,000 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 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
a) A declaration that upon a true and proper interpretation of thesection 3(1)(b) of Office of the Special Prosecutor Act, 2017 (Act 959), it is mandatory for the Office of theSpecial Prosecutor to investigate and /or prosecute both the public officer and private person(s) involved in the commission of the alleged offence.
b) Adeclaration 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) Adeclaration 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.
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: Ghana/Starrfm.com.gh/103.5FM/Murtala Inusah
