Galamsey investigation: Court defers hearing of Bissue's injunction

The High Court has adjourned the hearing of the injunction application by former presidential staffer and Secretary to the Inter-Ministerial Committee on Illegal Mining (IMCIM), Mr. Charles Bissue, against the Office of the Special Prosecutor (OSP), Investigative Journalist; Anas Aremeyaw Anas, and the Tiger Eye P.I.

The court says it would instead on June 12, 2023, hear a motion filed by Mr. Bissue for discoveries, as lawyers of Mr. Bissue argue they have not yet been served with the OSP's affidavit in opposition.

“The court today, against a strong opposition by OSP, decided not to hear the injunction application until after plaintiff has moved his motion for discovery on June 12, 2023. According to the Judge, the motions are the Plaintiff's and he can decide how to move them,” the OSP also said in an update yesterday. 

Mr. Bissue is seeking an order of perpetual injunction to restrain the OSP and all its agents from investigating and prosecuting him in respect of a 2019 Galamsey documentary by Anas Aremeyaw Anas and Tiger Eye P.I.

He stepped down from his role as Secretary of the IMCIM in 2019 and denied any wrongdoing after the airing of the investigative documentary titled ‘Galamsey Fraud Part 1’ by Tiger Eye P.I.

In a January 4, 2023 application, he noted that following the broadcast of the investigative documentary, the Chairman of the Inter-Ministerial Committee at the time, filed a petition for an investigation which was done by the police, but made no adverse findings against him. 

In October 2022, the Office of Special Prosecutor also began investigations into Charles Bissue's role at the IMCIM, following a petition by Anas Aremeyaw and Tiger Eye P.I.

And in December 2022, the OSP released its Half Quarterly Report, announcing among others that it had finalized investigations into the ‘Galamsey fraud’ allegation leveled against Charles Bissue and would issue its directives and further action on the matter in due course.

However, the plaintiff, Mr. Bissue contends that the OSP does not have the power to investigate such a matter that has already been investigated by the police.

Mr. Bissue is also seeking a declaration that the OSP’s investigation into the same matter as has been investigated by the police and its subsequent prosecution would amount to a review of the police investigations and findings.

And in addition, a declaration that on a true and proper interpretation of Act 959, the OSP has no power to review the investigations and findings of the police.