The Office of the Special Prosecutor (OSP) is unimpressive in its approach to the writ filed by former Secretary of the Inter-Ministerial Committee on Illegal Mining (IMCIM) Charles Bissue, which is seeking to restrain the office from investigating and prosecuting the latter in the purported galamsey fraud saga.
Lawyer for the plaintiff, Nana Agyei Baffour Awuah had expressed concern about the legal gymnastics employed by the OSP ever since the case was called.
The OSP has been evasive in a matter it argued “They have concluded investigation and ready to prosecute Mr Bissue.”
Despite filing a conditional appearance and an affidavit in opposition to the application on January 11, 2023, the OSP has failed to file its statement of case.
By law, per their notice of conditional appearance, the OSP ought to have filed an application within 14 days to set aside the writ from Charles Bissue.
The failure of the OSP to do that meant they had abandoned their earlier stance and intends to argue the substantive matter in court.
It needs emphasizing that it was needless to file an affidavit in opposition when the OSP filed a conditional appearance.
The Accra High Court, General Jurisdiction 4, presided over by Justice Olivia Obeng Owusu, today, requested if lawyers of the OSP had filed their statement of case given their initial response to the writ. In response, the lawyers of the OSP said they are still in the process of finalizing their statement of case.
With their failure to file an application after serving a conditional appearance within the stipulated 14-day time, they are bound to argue the substantive matter as contained in the writ filed by Mr. Bissue.
The court has therefore adjourned the case to 13 March 2023.
Amended Writs And Conflict of Interest Against Kissi Agyabeng
An initial application [filed on 23 December 2022] seeking an interlocutory injunction on the OSP to investigate Charles Bissue, was amended to include a restraining order on the anti-graft body from prosecuting the latter.
The writ was amended and filed on 4 January 2023 following claims by the Special Prosecutor it had concluded its investigations and is about commencing prosecution of Charles Bissue over allegations documented in the Anas Aremeyaw Anas’ Galamsey Fraud documentary.
In all these cases, Anas Aremayaw Anas, and his private firm Tiger Eye P.I are joined as 2nd and 3rd Defendants. The OSP in its affidavit in opposition attempted to shield the 2nd and 3rd Defendants from this suit, arguing they are “Whistle Blowers”.
But lawyers for Charles Bissue disagree and posit, Anas and his team (Tiger Eye P.I) actually, participated in the bribery, as alleged by themselves.
The 2nd and 3rd Defendants have been hesitant in filing their response to the writ. It was until today that the court acknowledged receipt of their response in opposition and their defense to the application. However, lawyers of Mr. Bissue are yet to be served.
In the meantime, a supplementary application has been filed by lawyers of Charles Bissue, which in effect cited the Special Prosecutor Kissi Agyabeng in a conflict of interest situation and bias. Interestingly, lawyers of the OSP say they are yet to be served.
According to sources, this application contends Mr. Agyabeng remains a partner of Anas Aremayaw Anas in respect of Cromwell Gray LLP, a legal firm based in Accra.
Mr. Agyabeng, serving through Cromwell Gray LLP, was Anas Aremayaw Anas’ lawyer in this matter when the OSP under Martin Amidu was conducting its investigations.
