The Supreme Court has overturned a High Court ruling that dismissed an application filed by former Secretary to the Inter-Ministerial Committee Against Illegal Mining, Charles Bissue, at the Human Rights Division of the High Court.
The application was filed against the Office of the Special Prosecutor (OSP) in relation to the handling of criminal complaints against him.
The case stems from allegations of corruption and related offences against Charles Bissue, following the airing of an investigative documentary by journalist Anas Aremeyaw Anas. Subsequent to the airing of the documentary, the OSP declared Bissue a wanted person.
In response, Bissue secured an injunction from the court to prevent the OSP from enforcing the arrest. In June 2023, he filed a case at the Human Rights Court, accusing the OSP of unlawfully securing the arrest warrant.
The OSP, however, denied the existence of any such warrant and argued that it did not require judicial authorization to arrest Bissue. The Kaneshie District Court, which Bissue claimed had issued the alleged warrant, also denied ever granting such an order. This position was supported by the Attorney-General, who represented the District Court.
Despite this, Bissue’s legal team cited a public interview granted by the Special Prosecutor on Joy FM’s Newsfile as evidence of the alleged warrant. They argued that the judge should listen to the interview audio before making a determination. However, the judge dismissed the case without reviewing the audio, which to his lawyer was contrary to an earlier indication that it would be considered.
Bissue subsequently filed a judicial review application at the Supreme Court, seeking to quash the High Court’s decision and prohibit the presiding judge from continuing to hear the case.
According to Bissue’s lawyers, the Supreme Court has now directed the High Court to determine whether the arrest warrant was lawfully obtained.
In response to the Supreme Court’s ruling, the Office of the Special Prosecutor has indicated that it now expects to cross-examine Bissue’s legal team in court.
Speaking to Citi News after the proceedings, Bissue’s lawyer, Nana Adjei Baffour Awuah, emphasized the significance of the case in setting a precedent on the legal authority of the OSP to issue arrest warrants.
Meanwhile, in a related development, the Criminal Court is expected to consider a plea agreement tomorrow between the OSP and Thomas Andy Owusu, the second accused in the case titled Republic v. Charles Bissue and Another.
Source : Citinewsroom
