Supreme Court overturns High Court ruling in Bissue and OSP case

The Supreme Court has overturned a decision by the Human Rights Division of the High Court that had dismissed a legal challenge filed by Charles Bissue, the former Secretary to the Inter-Ministerial Committee Against Illegal Mining, against the Office of the Special Prosecutor (OSP).

The case originates from allegations of corruption and related misconduct against Bissue, which surfaced after the release of an investigative documentary by journalist Anas Aremeyaw Anas. Following the documentary’s broadcast, the OSP declared Bissue a wanted man.

In response, Bissue obtained a court injunction to prevent the OSP from enforcing what he claimed was an unlawful arrest. In June 2023, he filed a suit at the Human Rights Court, alleging that the OSP had improperly obtained an arrest warrant.

The OSP denied that any arrest warrant existed and maintained it did not require judicial approval to take Bissue into custody. The Kaneshie District Court—alleged by Bissue to have issued the warrant—also denied authorising such an order. This denial was supported by the Attorney-General, who appeared on behalf of the District Court.

Despite the denials, Bissue’s legal team argued that the Special Prosecutor had suggested otherwise during a public interview on Joy FM’s Newsfile. They urged the court to consider the audio recording of that interview as evidence. However, the presiding judge dismissed the application without listening to the audio, despite what Bissue’s lawyers said was a prior indication that the recording would be reviewed.

Challenging this ruling, Bissue filed a judicial review at the Supreme Court, seeking to have the High Court’s decision annulled and the judge barred from further involvement in the matter.

The Supreme Court has now ruled in Bissue’s favour, instructing the High Court to determine whether or not the alleged arrest warrant was legally obtained.

Following the decision, the Office of the Special Prosecutor announced its intention to cross-examine Bissue’s legal representatives as part of the renewed proceedings.

In a separate but related development, the Criminal Court is set to hear a plea bargain arrangement between the OSP and Thomas Andy Owusu—the second accused in the case titled Republic v. Charles Bissue and Another. That hearing is scheduled for tomorrow.