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General News of Monday, 4 September 2023

Source: www.ghanaweb.com

OSP fails for the second time to file response in human rights enforcement case by Charles Bissue

The OSP has failed for the second time to file a response to Charles Bissue The OSP has failed for the second time to file a response to Charles Bissue

An Accra High Court has adjourned the case involving the former Secretary to the Inter-Ministerial Committee on Illegal Mining (IMCIM), Charles Bissue, challenging the Office of the Special Prosecutor (OSP) for investigating him.

This is in respect of the OSP’s prosecution of him over corruption allegations leveled against him in the Galamsey Fraud Part 1 documentary published by undercover investigative journalist, Anas Aremeyaw Anas, and the Tiger Eye P.I.

Per the application, Charles Bissue is claiming that 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 Bissue referenced a publication by the former Special Prosecutor, Martin Amidu, made on 29 March 2023, where he indicated that the current SP, 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 investigations that were conducted into the Galamsey Fraud Part 1 documentary did not exclude Anas Aremeyaw Anas and Tiger Eye P.I.

Additionally, Charles Bissue has cited Kissi Agyebeng of conflict of interest and bias in the matter, because he represented Anas Aremeyaw Anas and Tiger Eye P.I, and is also a managing partner of the investigative journalist’s private law firm; Cromwell Gray LLP.

Earlier, the Human Rights Court 1, presided over by Barbara Tetteh Charway, has ordered a GH¢1,000 cost against the Office of the Special Prosecutor (OSP) for failing to file its affidavit in response to an application by Charles Bissue.

The OSP, despite duly served on June 15, 2023, failed to honour the legal process in respect of the application for judicial review that was filed by lawyers of Charles Bissue on June 2, 2023.

Upon a plea by lawyers, the judge extended the date to September 4, 2023, but that has still not been done, a document from the court indicated.

Meanwhile, counsel for Charles Bissue, Nana Agyei Baffour-Awuah, has written to the court seeking for an adjournment to October 17, 2023, because he was out of the jurisdiction.

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