By: Bubu Klinogo
The Human Rights Court 2 division of the High Court, Accra, presided over by Justice Nicholas Abodakpi has issued an Interim Injunction, restraining the Office of the Special Prosecutor (OSP) from executing an arrest warrant against Charles Bissue, a former Secretary of the defunct Inter-Ministerial Committee on illegal mining, pending the determination of the substantive matter.
The order lasts for 10 days.
The Office of the Special Prosecutor placed Mr. Bissue on its wanted list for corruption and corruption-related activities. This follows Mr. Bissue’s refusal to turn himself in to the OSP which obtained a warrant for his arrest.
Charles Bissue, is among a number of persons being investigated by the Office of the Special Prosecutor, for their roles in alleged acts of corruption pertaining to the work of the Inter-Ministerial Committee on illegal mining, which was tasked with fighting the illegal mining activities in the Country.
A ‘Wanted by the OSP’ notice carrying a portrait photograph of Mr. Bissue that he is wanted for “Corruption and corruption-related offences regarding the activities and expenditure of the Inter-Ministerial Committee on Illegal Mining particularly regarding the seizure of and management of excavators, machinery, road vehicles and gold nuggets; and use of public office for profit.
The OSP, obtained a warrant for the arrest of Mr. Bissue after he failed to honour an invitation by the OSP.
Nana Agyei Baffour Awuah, Lawyer for Mr. Bissue in an interview, said his client, would not turn himself in to the OSP because the Court order was not properly secured as the court that granted the order would not have done so if it was privy to all the information including complaints of human rights against of him by the OSP.
The Lawyer claimed that the arrest warrant would have been secured ex-parte, which is without notice to Charles Bissue. So, the Court would have acted based solely on information the Special Prosecutor gave to it.
Mr. Baffour Awuah, said the Court made that order without having the entire evidence in the case, and granted the arrest order without properly exercising its discretion.
According to the Lawyer, there is another suit in the human rights court by Charles Bissue, where he complains of warrant and breach of his fundamental human rights.
Mr. Bissue subsequently filed a fresh suit asking the High Court, to set aside the warrant against him on the bases that, the OSP is violating his human rights.
This is the third time Mr. Bissue has a filed a suit of this nature against the OSP with the previous two seeking an Accra High Court to prevent the OSP from investigating him because the subject of the investigation, had already by investigated by the Criminal Investigation Division of the Ghana Police Service.
The investigation is as a result a documentary by investigative piece published by Anas Aremeyaw Anas which allegedly implicates Mr. Bissue in a compromising situation, on his position as a forerunner in the fight against illegal mining.
His Lawyer argues that once the Police had concluded its investigation into the corruption documentary, any investigation and prosecution of the same matter would amount to a review of the investigation and findings already done by the Police.
On Thursday morning, the Human Rights Court, granted Mr. Charles Bissue’s application, executing the arrest warrant it purports to have procured.
Applying for further Arrest Warrant pending the determination of the substantive matter-publishing notices purporting the Applicant to be wanted pending the determination of the substantive matter.
Case adjourned June, 22, 2023.
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