In a significant development that underscores the importance of judicial oversight and constitutional safeguards, the Supreme Court of Ghana has overturned a High Court decision that previously dismissed an application filed by Charles Bissue, the former Secretary to the Inter-Ministerial Committee Against Illegal Mining.
The Supreme Court’s decision revives Bissue’s legal challenge against the Office of the Special Prosecutor (OSP), directing the Human Rights Division of the High Court to re-examine the legality surrounding a purported arrest warrant against him. This ruling is expected to clarify the limits of the Special Prosecutor’s powers in relation to arrest procedures.
The dispute arises from a corruption investigation triggered by a documentary by investigative journalist Anas Aremeyaw Anas, in which Bissue was allegedly implicated. Following the public fallout, the OSP declared Bissue a wanted man, prompting him to seek judicial protection through an injunction against what he termed an unlawful arrest.
Although the OSP denied the existence of an arrest warrant, Bissue’s legal team insisted that statements made by the Special Prosecutor in a public media interview suggested otherwise. They accused the OSP of circumventing due process and argued that any arrest warrant must be lawfully obtained through the courts.
Notably, both the Kaneshie District Court—which Bissue’s legal team alleged issued the warrant—and the Attorney-General’s office rejected the claim that any such order was granted. However, Bissue’s lawyers pointed to remarks made by the Special Prosecutor on Joy FM’s Newsfile programme as evidence of the warrant’s existence and called on the High Court judge to listen to the interview audio. The judge dismissed the application without doing so, prompting a Supreme Court appeal.
The apex court, in siding with Bissue’s position, held that the High Court ought to have thoroughly examined all relevant evidence, including the contested media audio, before delivering judgment.
“The ruling is a strong affirmation that public officers, including the Special Prosecutor, must act within the bounds of the law and be subject to judicial scrutiny,” said Nana Adjei Baffour Awuah, Bissue’s lead counsel, speaking to Citi News after the ruling.
The Supreme Court’s decision sets an important precedent, emphasizing that executive power must not override individual rights or bypass due legal procedure, particularly in criminal investigations involving high-profile figures.
Meanwhile, the OSP has welcomed the ruling, stating it now looks forward to cross-examining Bissue’s legal team in court as the case returns to the High Court.
In a related matter, the Criminal Court is expected to review a plea bargain application between the OSP and Thomas Andy Owusu, the second accused in the case of Republic v. Charles Bissue and Another—a move that may signal further legal maneuvers in what has become a complex legal battle over transparency, accountability, and procedural justice in Ghana.
