A preliminary objection raised by Nana Baffour-Awuah Agyei Esq., counsel for Charles Bissue, has left a motion filed by the Office of the Special Prosecutor (OSP) in limbo.
The OSP had attempted to invoke the powers of the Human Rights Court to dismiss an application for the enforcement of human rights filed by Mr. Bissue on 14 June 2023.
The OSP in its motion for dismissal of the application argued that the application is incompetent, and ought to be summarily dismissed. But Nana Baffour-Awuah Agyei Esq., in his objection, stated that the motion filed by the OSP is in breach of the rules of the court and to a larger extent the constitution of the Republic of Ghana. He indicated that the OSP cannot overstep due process and rules of practice of the court in responding to the application.
“The application is unconstitutional and alien to the rules of practice and establishment of the court”, he emphasized.
He furthered that “the practice is that if you consider same to be incompetent or whatsoever, you have one of two choices to make; you either file a notice raising preliminary legal objections or an affidavit in opposition containing same. You don’t disregard established procedure and a file an application seeking to dismiss a suit under the inherent jurisdiction of the court.”
At today’s hearing, the Human Right Court 2, presided over by Justice Nicholas Mensah Abodakpi directed the Office of the Special Prosecutor (OSP) to file a reply to the preliminary objection made by counsel for Mr. Charles Bissue. Justice Abodakpi stressed that the motion as filed by the OSP does not satisfy the rules of the court, and thus urged counsel for the OSP, Prosecutor Seth Ansong to take a leave of the court to reply those objections as raised by the defendant.
The case is adjourned to Thursday 26 October 2023.
Background
An application for the enforcement of human rights was filed by lawyers for Mr Bissue on 14 June 2023. Mr Bissue claims the OSP by its conduct into a purported investigation of corruption and corruption-related issues about his person and his work at the Inter-Ministerial Committee on Illegal Mining (IMCIM), infringed on his human rights.
The suit was occasioned by a series of “threats” as referred by lawyers of Mr Bissue, from the OSP in respect of its investigations into the “Galamsey Fraud Documentary Part 1” and that of the IMCIM following allegations by the former Chair, Prof Frimpong-Boateng. The OSP had escalated its actions, declaring Mr Bissue “Wanted” and publishing same, claiming the latter failed to honour a direction for investigation to allegations of corruptions involving him.
Among other reliefs sought by lawyers of Mr Bissue, is an order to prohibit the OSP from applying for Arrest Warrants and hounding the Applicant [Mr Bissue] in the name of investigations. It also prayed the court to compel the OSP to comply with the provisions of L.I 2374 by providing the Applicant with a copy of the petitions, forming the basis of the investigations being conducted, in respect of which the Applicant is deemed to be a necessary person.