An Accra High Court (Human Rights Division) has directed Mr. Charles Bissue, the Former Secretary to the dissolved Inter-Ministerial Committee on Illegal Mining (IMCIM), to file written submission and triable issues.
This is after the Office of the Special Prosecutor (OSP) failed to file its affidavit in response after 36 days.
The OSP was expected to file an affidavit in response within 21 days upon service.
Mr. Bissue and his lawyers have sued the OSP and added the Kaneshie District Court to the suit over issues concerning his (Bissue) fundamental human rights.
When the case was called the OSP was absent.
The lawyers of Charles Bissue represented by Theresah Tabi, who was holding Nana Agyei Baffour Awuah’s brief, told the court that they had not been served with the OSP’s affidavit in opposition.
The Court presided over by Justice Nicholas Mensah Abodakpi said a supplementary affidavit in support of the application for enforcement of fundamental human rights had been served on the OSP on June 27, 2023, and there was proof of service on the record.
It said the originating motion for enforcement of fundamental human rights was served on the OSP on June 15, 2023.
Justice Abodakpi said when an originating motion for an enforcement of fundamental human Rights was served on a respondent, in 21 days, that respondent had to file an affidavit in response as per Order 64 rule 4.
He observed that it had been more than 36 days since the OSP had been served but no steps had been taken.
He said Order 67 rule 5 of the Rules of the Court stated the grounds for the next step of the applicant.
Consequently, the Court directed the applicant and his lawyers to file their written submissions for trial.
The case has been adjourned to November 3, 2023, for the applicant to serve a hearing notice on the OSP.
Mr. Bissue is seeking to cancel the arrest warrant issued against him by the Kaneshie District Court to the OSP, quash the OSP’s notice declaring him wanted and compel it (OSP) to comply with the provisions of L.I. 2374 by providing him with a copy of the petitions, forming the basis of the investigations being conducted by the OSP in respect of which he is deemed to be a necessary person.
He is also seeking to prohibit the OSP, pending the determination of Suit No. J/0328/2023, from applying for arrest warrants and hounding him (Bissue) in the name of investigations.
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