By using this site, you agree to the Privacy Policy and Terms of Use.
Accept
Starr FmStarr FmStarr Fm
  • Home
  • Election Hub
  • General
    GeneralShow More
    NDC Eastern Regional Elections: 49 aspirants file nominations as committee receives two petitions
    October 15, 2026
    Ayariga inaugurates committee to drive Accra Clean City Initiative
    October 15, 2026
    CUTS Int’l backs GRA’s 20% digital services tax collection, calls for relief for students abroad
    October 15, 2026
    We’ll squeeze the best out of you before you retire – Srem-Sai to Chief Justice
    October 15, 2026
    Judiciary to procure Speech-to-Text machines to transcribe local languages to English by end of year – Chief Justice
    October 15, 2026
  • Business
    BusinessShow More
    Alpha Stream, Asanko Gold Mine join AMPF–MiM 2026 as Silver Sponsors
    October 15, 2026
    Royal Ghana Gold named Silver Sponsor of AMPF–MiM 2026
    October 15, 2026
    Engineers & Planners joins African Minerals Policy Forum 2026 as a sponsor
    October 15, 2026
    Newmont named Bronze Sponsor of AMPF–MiM 2026
    October 15, 2026
    Gold Fields confirmed as Bronze Sponsor for AMPF–MiM 2026
    October 15, 2026
  • Politics
    PoliticsShow More
    NDC Eastern Regional Elections: 49 aspirants file nominations as committee receives two petitions
    October 15, 2026
    ‘We will not be deterred’ – Afenyo-Markin’s lawyers vow to pursue Sammy Gyamfi case
    October 15, 2026
    Wontumi’s own lawyer’s video proves he is a flight risk – Deputy AG Srem-Sai to Court
    October 15, 2026
    Former Krowor Chairman Benjamin Danso Files for NDC Greater Accra Chairmanship
    October 15, 2026
    Election integrity depends on system, not just EC Chair – Issah Mohammed
    October 15, 2026
  • Entertainment
    EntertainmentShow More
    ‘There is life after cancer’ – Stephanie Benson
    October 15, 2026
    Stephanie Benson calls for performance schools in Ghana
    October 15, 2026
    Working alone is scary, but my fans keep me going – Larruso
    October 14, 2026
    My former manager blocked my Akon deal – Larruso
    October 13, 2026
    Edem to host Volta Region episodes of Revealed: The New Era 2.0
    October 13, 2026
  • Sports
    SportsShow More
    UCL Match Day 2: Real Madrid and Barcelona get comeback wins as Manchester clubs suffer defeats
    October 15, 2026
    World Cup travel slots were sold, not fairly allocated – Jamaludeen Abdullah
    October 9, 2026
    I was not involved in World Cup Visa sales – Maame Efua Houadjeto
    October 9, 2026
    We did not collect money for World Cup visa opportunities – GTA
    October 9, 2026
    Youth and Sports Committee commends NYA CEO over Azumah Nelson Sports Complex revival
    October 8, 2026
  • Technology
    TechnologyShow More
    BoG Governor urges IMF to boost Africa’s AI and digital capabilities
    October 14, 2026
    One Million Coders Programme to create 100,000 digital jobs – Sam George
    October 13, 2026
    Yellow Card named Diamond finalist at the 2026 Money Awards
    October 1, 2026
    Samsung Galaxy Watch: A Healthier Heart Starts at Your Wrist
    October 1, 2026
    Samsung unveils Galaxy Tab S12 series ahead of Ghana launch
    October 1, 2026
  • International
    InternationalShow More
    UCL Match Day 2: Real Madrid and Barcelona get comeback wins as Manchester clubs suffer defeats
    October 15, 2026
    German Ambassador calls for people-centred coastal protection in Volta Region
    October 14, 2026
    Ghana seeks value-addition partnerships at Second Russia-Africa Raw Materials Dialogue
    October 14, 2026
    FBI: $17bn seized, $670m in potential losses prevented under Operation Blackout
    October 12, 2026
    Ghana, Czech Republic explore deeper defence and security cooperation
    October 8, 2026
  • Factometer
Search
© 2024 EIB Network Ltd. All Rights Reserved.
Reading: Dismiss OSP’s incompetent motion – Lawyers of Charles Bissue to Court
Share
Notification Show More
Font ResizerAa
Starr FmStarr Fm
Font ResizerAa
  • Headlines
  • Election Hub
  • General
  • Politics
  • Sports
  • Business
  • Entertainment
  • Factometer
Search
  • Headlines
  • Election Hub
  • General
  • Politics
  • Sports
  • Business
  • Entertainment
  • Factometer
Have an existing account? Sign In
Follow US
© 2024 EIB Network Ltd. All Rights Reserved.
Headlines

Dismiss OSP’s incompetent motion – Lawyers of Charles Bissue to Court

Starrfm.com.gh By Starrfm.com.gh Published October 23, 2023
Share
SHARE

Lawyers of former Secretary to the dissolved Inter-Ministerial Committee on Illegal Mining (IMCIM) Charles Cromwell Bissue have described an application from the Office of the Special Prosecutor (OSP) seeking to dismiss their suit as “grossly incompetent.”

While urging the Human Rights Division of the High Court in Accra to dismiss the OSP’s application, Lawyer Nana Agyei Baffour Awuah said, the OSP is using the “back door” to seek an outcome that the substantive suit was seeking to achieve.

Charles Bissue’s application is seeking an enforcement of his human rights against the OSP but the OSP after failing file it answer within time rather file an application seeking its dismissal.

In Court on Monday, the lawyers of the Charles Bissue led by Nana Agyei Baffour Awuah raised preliminary legal objection to the OSP’s notice filed on August 1, 2023 seeking to invoke the inherent jurisdiction of the court to dismiss summarily the application filed by Charles Bissue on June 16.

OSPs request

Seth Ansong, who described himself as a Prosecutor from the office OSP while moving the motion for dismissal said, the application was filed on August 1, 2023.

“We have before this Honorable Court an application by way of a motion on notice filed before this court on August 1, 2023,” he said.

“This application seeks to invoke the inherent jurisdiction of the Court to dismiss summarily the application filed by the Respondent-applicant (Charles Bissue) before this court on June 16,2023.”

Preliminary legal objection

Counsel for Charles Bissue while raising a preliminary legal objection to the OSPs motion said “The application is incompetent and very alien to the rules of practice and the established practice.”

Nana Agyei Baffour Awuah submitted that, they (OSP) filed the motion invoking the Human Rights jurisdiction of this Court but the practice is that, “if you consider same to be incompetent or for whatever reason does not invoke the jurisdiction, you have one or two choices to make.”

“You file a notice issuing preliminary legal objection or affidavit in opposition containing same. You don’t disregard the established procedure and file an application seeking to dismiss the suit under the inherent jurisdiction of the court,” and “then in the motion seeking to dismiss the motion you deposed extensively to facts which are invariably speaking to the merits of our application,” counsel submitted.

Counsel submitted further that, “If our application to enforce the applicant’s Human Rights were to be heard on its merit there can be only one outcome, a dismissal or a grant.”

This counsel argued that for the OSP “to file an application asking the court to dimiss its motion seeking to argue the merits of the application through the back door after the Respondent (OSP) had failed to file an application in opposition,” is alien.

While averting the court’s minds to the records, Counsel said “My Lord will discover that after the Respondent (OSP) failed to file their affidavit in answer to our motion, orders have been made which effectively bring the matter almost to an end.”

After point to statutory provisions, Article 33(2) of the 1992 Constitution and other decided cases of the Supreme Court, counsel for Charles Bissuesubmitted that, “All we are seeking for in this court is within your (Court) jurisdiction and the application to invoke your justification is grossly incompetent and should be dismissed.”

OSP Reply

Seth Ansong, the Prosecutor from the OSP’s office in his attempt to reply to the preliminary objection said, “We (OSP) are strongly opposed to the preliminary objection raised by counsel for the applicant respondent.”

He said “On the face of our motion filed before this court on August 1, 2023, we have indicated that we are invoking the inherent jurisdiction of the Court to dismiss summarily the application filed by the applicant respondent.

More time

Justice Nicholas Mensah Abodakpi, wondered if counsel for the OSP had familiarized himself with provisions of Article 33 of the Constitution and other decided cases in matters of that nature.

Even though, the Prosecutor from the OSP responded in the affirmative, the court said “It is not common for the (Human Rights) Court to invoke its own inherent jurisdiction and dismiss a writ of Summons (in a manner the OSP is seeking).

The court said, the jurisprudence do not allow such application and that “You must come under a rule of court and so I will not permit you to continue because of the position I have taken in some ruling.”

Justice Abodakpi pointed to some Bank of Ghana’s case he had determined but the case traveled through to the Supreme Court where the apex court held that, the High Court has jurisdiction to hear the matter.

EIB Network’s Legal Affairs Correspondent, Murtala Inusah, reports that the case has been adjourned to October 26, 2023 for the OSP to reply to the preliminary objection.

Subject matter

Charles Bissue who is seeking for the enforcement of his human rights is asking for the following relief from the Human Rights

a). Quash or cancel the Arrest Warrant issued against the Applicant by the 2nd Respondent to the 1st Respondent

b). Quash the 1st Respondent’s Notice, declaring the Applicant wanted

c). Compel the 1st Respondent to comply with the provisions of L.I. 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.

d). Prohibit the the 1st Respondent, pending the determination of Suit No. J/0328/2023, from applying for Arrest Warrants and hounding the Applicant in the name of investigations.

Source: Ghana/Starrfm.com.gh/103.5FM/Murtala Inusah

You Might Also Like

NDC Eastern Regional Elections: 49 aspirants file nominations as committee receives two petitions

CUTS Int’l backs GRA’s 20% digital services tax collection, calls for relief for students abroad

We’ll squeeze the best out of you before you retire – Srem-Sai to Chief Justice

Judiciary to procure Speech-to-Text machines to transcribe local languages to English by end of year – Chief Justice

‘We will not be deterred’ – Afenyo-Markin’s lawyers vow to pursue Sammy Gyamfi case

TAGGED:Charles BissuecourtOSP
Share This Article
Facebook Twitter Email Print
Share
Previous Article A Technologically Empowered Future for Tourism (By Jane Sun)
Next Article Your abuser is only as strong as your silence – Leelai M. Kpukuyou-Browne on domestic abuse

Starr 103.5FM

Starr FmStarr Fm
Follow US
© 2024 EIB Network Ltd. All Rights Reserved.
newsletter icon
Join Us!

Subscribe to our newsletter and never miss our latest in news, podcasts etc..

[mc4wp_form]
Zero spam, Unsubscribe at any time.
adbanner
AdBlock Detected
Our site is an advertising supported site. Please whitelist to support our site.
Okay, I'll Whitelist
Welcome Back!

Sign in to your account

Lost your password?