Court directs OSP to respond to Charles Bissue’s objection

The Human Rights Court ‘2’ in Accra presided over by Justice Nicholas Mensah Abodakpi has directed the Office of the Special Prosecutor (OSP) to file a reply to the preliminary objection by counsel for Mr. Charles Bissue on a motion filed by the OSP.

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 June 14, 2023.

The OSP, in its motion for dismissal of the application, argued that the application was incompetent, and ought to be summarily dismissed.

But counsel for Bissue, Nana Baffour-Awuah Agyei, 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 stated, adding 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.”

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, Seth Ansong, to take a leave of the court to reply those objections as raised by the defendant.

The case has been adjourned to Thursday, October 26, 2023.

Background
An application for the enforcement of human rights was filed by lawyers for Mr. Bissue on June 14, 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 Chairman, Prof. Frimpong-Boateng.

The OSP had escalated its actions, declaring Mr. Bissue “wanted” and publishing same, claiming the latter failed to honour a directive for investigation into allegations of corruption.

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.

-DGN online