Lawyers of Charles Bissue, a former Presidential Staffer and one-time Secretary of the Inter-Ministerial Committee on Illegal Mining have filed a motion demanding from the Office of the Special Prosecutor (OSP) the petition investigative journalist Anas Aremeyaw Anas sent to them.
The said petition, according to his lawyers led by Nana Agyei Baffour Awuah, formed the basis for which the OSP is to investigate and subsequently prosecute him.
The request is expected to be moved before the court considers an application for an injunction seeking to stop the Special Prosecutor from prosecuting him because he was already set free by the Police.
When the case was called, the High Court in Accra presided over by Justice Olivia Obeng Owusu, adjourned it to June 12 for the motion for the production of discovery of documents to be moved.
This was after lawyers of the OSP (1st Defendant) led by Isidore Tuffuor told the court that they have filed an affidavit in opposition to the Plaintiff’s request for discovery for the production of documents.
However, Lawyer for the Plaintiff, Nana Agyei Baffour Awuah said, they have not been served with the 1st Defendant’s affidavit in opposition.
Justice Owusu, after listening to the parties directed the 1st Defendant to ensure that, the affidavit in opposition is served on the Plaintiff for the motion to be moved on June 12.
Meanwhile, lawyers for Anas Aremeyaw Anas and Tiger Eye P.I., the 2nd and 3rd Defendants in the matter withdrew their earlier application filed on March 27 urging the court to strike their names out of the writ.
Background
The former secretary to the IMCIM, Charles Bissue applied on December 23, last year (2022), and subsequently amended the application 4th January 2023.
Per his writ, he is asking the court to restrain the OSP from investigating and prosecuting him over allegations made by Anas Aremeyaw Anas in a purported corruption documentary; Galamsey Fraud, that was published in February 2019.
Anas and his private investigative firm, Tiger Eye P.I were joined to the suit as 2nd and 3rd Defendants respectively.
The plaintiff (Mr Bissue) argued among others that, an attempt to investigate the matter would amount to a review of an investigation long concluded by the Criminal Investigation Department of the Ghana Police Service.
Subsequently and through his lawyers, a supplementary application was filed against the Special Prosecutor, Kissi Adjabeng over a possible conflict of interest and bias in this case.
The OSP filed a conditional appearance and affidavit in opposition to the application on January 11, 2023, arguing the case be struck out.
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