Court Directs Charles Bissue To File Triable Issues As Special Prosecutor Fails To Respond After 36 Days

The Human Rights Division of the High Court in Accra has directed the former Secretary to the dissolved Inter-Ministerial Committee on Illegal Mining (IMCIM) and his lawyers to file their written submission and triable issues.

This was after it emerged in the Court the Office of the Special Prosecutor (OSP) has failed to file its Affidavit in answer after 36 days.

Per the rules, the OSP was to file its affidavit in answer within 21 days upon service but it’s now 36 days, yet it has not filed anything in the case.

Charles Bissue and his lawyers have dragged the OSP (First Respondent) and attached the Kaneshie District Court (2nd Respondent) to the suit as he raised issues for the enforcement of his fundamental human rights.

In Court on Friday July 21, 2023, when the case was called for hearing before Justice Nicholas Mensah Abodakpi, the OSP was absent.

Lawyers of Charles Bissue represented by Theresah Tabi who was holding Nana Agyei Baffour Awuah’s brief told the court that, they have not been served with the OSP’s affidavit in opposition.

Counsel enquired from the Court if it has a copy on its docket, but the response was in the negative.

By Court

Justice Nichola Abodakpi, the presiding judge, said a supplementary affidavit in support of the application for enforcement of fundamental human rights has been served on the OSP (1st Respondent) on June 27, 2023 and there is a proof of service on the record.

The court also stated that, the originating motion for enforcement of fundamental human Rights has been served on the OSP on June 15, 2023.

Justice Abodakpi noted that, when an originating motion for an enforcement of fundamental human Rights is served on a respondent, in 21 days, that respondent is to file an affidavit in answer as per Order 64 rule 4.

The court observed that, it has been more than 36 days since the OSP (1st Respondent) has been served but no steps have been taken by it.

Justice Abodakpi also stated that, per Order 67 rule 5 of the Rules of the Court states the grounds for the next step of the applicant.

Consequently, the Court directed the Applicant and his lawyers to file their written submissions and issues set down for trial.

EIB Network’s Legal Affairs Correspondent, Murtala Inusah reports that, the Court has also directed the Applicant to serve a hearing notice on the OSP and the case was adjourned to November 3, for hearing.

Reliefs

Per the Human rights action filed against the Office of the Special Prosecutor, lawyers of Charles Bissue are seeking the following reliefs;

a). Quash or cancel the Arrest Warrant issued against the Applicant by the 2nd Respondent to the 1st Respondent.

b). Quash the 1st Respondent’s Notice, declaring the Applicant wanted

c). Compel the 1st Respondent 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 by the 1st Respondent in respect of which the Applicant is deemed to be a necessary person.

d). Prohibit the 1st Respondent, pending the determination of Suit No. J/0328/2023, from applying for Arrest Warrants and hounding the Applicant in the name of investigations.

e). AND FOR ANY further order(s) that this Court may deem fit.