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You injuncted a non-existent arrest warrant - OSP replies court over Charles Bissue case

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Thu, 7 Dec 2023 Source: www.ghanaweb.com

Office of the Special Prosecutor (OSP) has insisted that an Accra High Court issued an injunction on a non-existent arrest warrant in a case involving Charles Bissue, a former secretary of government's anti-galamsey taskforce.

The OSP in a case update dated December 6, 2023, insisted that the court had been misled by Bissue to believe that a warrant had been issued for his arrest hence its injunction of 15 June 2023 based on Bissue's motion ex parte.

During the hearing of December 6, 2023; the presiding judge, Justice Nicholas Mensah Abodakpi, Justice Abodakpi, described as “scandalous” specific depositions made by the OSP in its affidavit in answer to Bissue's application.

The Court said the OSP is “abusing its power” and putting up a posture that suggests that, it has appellate jurisdiction over the High Court.

“The other issue I want to state is, you have in your paragraphs 21, 22 and 23 of your affidavits in answer, which you are claiming is Misleading the Court to Injunct a non-Existent Warrant,” the court observed.

In its response, the OSP asserted that it had at no point issued a warrant of arrest for Bissue and that it stood by the three paragraphs which the court has since struck off the record.

"On 6 December 2023 when the case came up for hearing, the Judge took umbrage at the said paragraphs 21 – 23 of the affidavit in opposition of the OSP as scandalous depositions made against the Court. He proceeded to strike them out on this ground.

"The OSP states that the said paragraphs 21 – 23 of its affidavit in opposition do not amount to scandalous depositions against the Court but rather a simple and reasonable statement of fact that the purported arrest warrant referred to by Charles Bissue does not exist and that Charles Bissue misled the Court into believing the existence of a non-existent document.

"In effect, had the Court not been misled into believing the existence of a non-existent document, it would not have issued injunctive orders against a non-existent document. This is not a reflection on the Judge or the Court," the OSP stressed.

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SARA

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