The Human Rights Court 1, presided over by Barbara Tetteh Charway has ordered a GHC1,000.00 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 filed by lawyers of Charles Bissue on June 2, 2023.
The Judge upon a plea by counsel for the applicant, Nana Baffour-Awuah Agyei ordered the OSP to file its affidavit in response to the application in 14 days. Nana Baffour-Awuah Agyei stressed that it would be fair enough to grant the OSP another opportunity to respond to the application.
The case is adjourned to 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 March 29, 2023, where he indicated that Special Prosecutor, Kissi Agyebeng 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 Agyebeng is cited for conflict of interest and bias in the 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.
