Respond to Bissue’s case in 14 days – Court orders OSP as it slaps it with a GH¢1000 charge

There was no show for the Special Prosecutor in court on Friday, July 28, 2023, when the Human Rights Court 1, presided over by Mrs Barbara Tetteh Charway, was expected to receive a filing of an affidavit in response to an application by Charles Bissue.

Charles Bissue, the former Secretary of the Inter-Ministerial Committee on Illegal Mining (IMCIM) is in court challenging the OSP in carrying out an investigation and or prosecution against him over corruption allegations levelled in the Galamsey Fraud Part 1 documentary published by undercover investigative journalist, Anas Aremeyaw Anas, and his Tiger Eye P.I. team.

According to court documents, the Human Rights Court 1 has since slapped the OSP with a GH¢1,000 cost for its failure to file.

This is also after the OSP was served on June 15, 2023, in the matter, to honour this legal process in respect of the application for judicial review filed by lawyers of Charles Bissue on June 2, 2023.

Additionally, the court has, upon a plea by counsel for the applicant, Nana Baffour-Awuah Agyei, ordered the Office of the Special Prosecutor (OSP) to file its affidavit in response to the application in 14 days.

This was after Nana Baffour-Awuah Agyei pleaded with the court to allow the OSP another opportunity to appropriately respond to the application filed by Charles Bissue.

The case has since been adjourned to Monday, September 4, 2023.

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.

AE/OGB