The Supreme Court has quashed a ruling by the Human Rights Division of the High Court that dismissed an application 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 revolves around Bissue’s claims of unlawful actions taken by the OSP in the wake of corruption allegations levelled against him.
These allegations stem from an investigative documentary by journalist Anas Aremeyaw Anas, which featured Bissue in connection with alleged misconduct during his time with the anti-galamsey task force.
Following the broadcast of the documentary, the OSP declared Bissue a wanted person, prompting him to seek legal redress.
In June 2023, Bissue filed a case at the Human Rights Court, accusing the OSP of violating his rights by allegedly obtaining an arrest warrant through improper means.
However, the OSP denied the existence of any such warrant, asserting that it was not required to obtain judicial authorization before effecting an arrest.
The Kaneshie District Court — which Bissue claimed had issued the warrant — also denied granting any such order. This denial was formally supported by the Attorney-General’s Department, which represented the District Court in the proceedings.
Despite these denials, Bissue’s legal team cited a recorded public statement made by the Special Prosecutor during a Joy FM interview, in which he allegedly alluded to the existence of a warrant.
They requested that the judge consider the audio recording as evidence before ruling. The judge, however, dismissed the case without reviewing the audio, which Bissue’s counsel argued contradicted an earlier indication that it would be considered.
Unhappy with the ruling, Bissue filed a judicial review application at the Supreme Court, seeking to have the High Court decision set aside and to disqualify the presiding judge from further handling the case.
The Supreme Court has now ruled in Bissue’s favour, directing the High Court to reconsider the matter and specifically determine whether the OSP lawfully secured an arrest warrant.
Bissue’s lawyer, Nana Adjei Baffour Awuah, speaking to the media after the Supreme Court’s decision, described the ruling as significant, arguing that it would help clarify the legal boundaries of the Special Prosecutor’s powers, particularly regarding the process of obtaining arrest warrants.
Meanwhile, the Office of the Special Prosecutor has responded by stating its intention to cross-examine members of Bissue’s legal team during the renewed proceedings.
In a related development, the Criminal Division of the High Court is scheduled to consider a plea bargain arrangement on Wednesday, June 5, between the OSP and Thomas Andy Owusu, the second accused in the ongoing case titled Republic v. Charles Bissue and Another.
