Charles Bissue's attorney, Nana Agyei Baffour Awuah Esq, has argued that the Special Prosecutor, Kissi Adjabeng, has committed an illegal act by "failing" to investigate Anas Aremeyaw Anas in relation to the allegations made in the 2019 Galamsey Fraud Part 1 documentary. According to him, former Special Prosecutor Martin Amidu indicated that Anas Aremeyaw was under investigation in the very matter for which he petitioned the Special Prosecutor's Office.
Nana Agyei Baffour Awuah told the media following today's hearing at the Accra High Court Complex that it is odd that the current Special Prosecutor, Kissi Adjabeng, has excluded Anas Aremayaw Anas from its investigations into the matter. He indicated that the Plaintiff [Charles Bissue] filed suit to prevent the Special Prosecutor from investigating and prosecuting him for this and other reasons.
"Mr. Martin Amidu, the former Special Prosecutor, wrote an article in which he claimed that Mr. Kissi Adjabeng, the current Special Prosecutor, is the one who wrote the petition invoking the Special Prosecutor's powers, and that he was also investigating Anas while he was in office in relation to this matter.
"Therefore, the current Special Prosecutor has decided not to investigate Anas in this case." The resulting intrigue necessitated the current application to bring to the court's attention that it would be irrational for the Special Prosecutor to continue with its investigation and/or prosecution of Mr. Charles Bissue.... because we believe that he has acted in a manner which is illegal to the extent that Anas is not a subject of this investigation," he explained.
He indicated that the Special Prosecutor had twice refused to provide the court with Anas Aremeyaw Anas' petition invoking the OSP's authority to investigate and prosecute Mr. Bissue. Nana Baffour Awuah revealed that the current Special Prosecutor, Kissi Agyebeng, was the author of the petition that prompted this OSP investigation.
The Special Prosecutor's refusal to release the petition and investigate Anas Aremeyaw Anas in this matter, in his opinion, raises some concerns.
"Before the filing of this lawsuit, we requested the petition that prompted the investigation. On two occasions, we requested access to this petition, but the Special Prosecutor denied our request.
"We believed that they all pointed to the same conclusion or were suggestive," he argued.
The hearing on the motion for discovery and the substantive suit attempting to enjoin the OSP from investigating and prosecuting Mr. Charles Bissue has been postponed until 12 June 2023.
Anas & Tiger Eye P.I Withdraw Application to Be Dismissed from the Lawsuit
Evans Selassie, representing the second and third defendants [Anas Aremeyaw Anas and Tiger Eye P.I. ], informed the court that his clients' 22 March 2023 motion to dismiss the case has been withdrawn.
It will be remembered In its notice of conditional appearance filed on 11 January 2023, the OSP did contend that whistleblowers Anas Aremeyaw Anas and Tiger Eye P.I. cannot be joined to the lawsuit.