Charles Bissue, a former presidential staffer filed a lawsuit to prevent the Office of the Special Prosecutor (OSP) from investigating him of possible corruption in connection with illegal mining (galamsey).
Bissue asserts in a writ submitted on January 4 at the Accra High Court that the police have already looked into the matter and cleared him of any wrongdoing.
Since the police have already investigated him and come to no negative conclusions about him, it is his argument that the OSP lacks the authority to review their findings or conduct their own investigation.
The plaintiff argues that the first defendant lacks authority to look into a situation that has already been looked into by the police, according to the statement
“The plaintiff contends that the first defendant does not have the power to investigate a matter that has already been investigated by the police,” the statement of claim stated.
The lawsuit was filed against the OSP, private detective Anas Aremyaw Anas, and his private investigation firm, Tiger Eye P.I., after they aired a video accusing Bissue of engaging in corruption while serving as the Secretary of the Inter-Ministerial Committee on Illegal Mining (IMCIM).
The plaintiff is asking the court to rule that, under a fair interpretation of the OSP Act, 2017 (Act 959), the OSP lacks the authority to review a police investigation.
Once more, he is asking for a ruling that the OSP’s authority under Act 959 does not permit the anti-graft body to look into and prosecute him when the police have already looked into the matter.
Bissue also wants the court to rule that the OSP cannot investigate him unless Anas and Tiger Eye P.I. are also investigated.
The plaintiff is also seeking an order prohibiting the OSP from ever investigating him about the same issue that the police are investigating, unless the police refer the matter to the OSP.
In December of last year, the OSP announced that it was looking into an indigenous mining firm, Akonta Mining Limited, Mr Bissue, some officials from the Lands Commission, Forestry Commission, Ministry of Lands and Natural Resources, some mining entities, individuals, and political party officials for suspected corruption in illegal mining.
Mr Bissue was already being investigated on allegations that he used his office for private gain, according to a statement signed by the Special Prosecutor, Kissi Agyebeng, and issued in Accra on December 10, last year
A statement signed by the Special Prosecutor, Kissi Agyebeng, and issued in Accra on December 10 last year, said Mr Bissue was already being investigated on allegations that he used his office for private gain.
“The investigation includes the active and ongoing enquiry into allegations of use of public office for profit against Charles Bissue during his tenure as Secretary to the IMCIM, arising from an investigative documentary titled ‘Galamsey Fraud Part I’ published by Tiger Eye P.I.,” the statement said.
In a documentary produced by private investigator Anas Aremeyaw Anas and his Tiger Eye team in February 2019, Mr Bissue was seen allegedly taking money to help an unlicensed company circumvent laid down processes in order to be granted clearance for its mining operations.
According to the documentary, the secretary was involved in shady deals to expedite processes for ORR Resource Enterprise.
The undercover investigator allegedly captured individuals tasked with combating the galamsey menace receiving various sums of money, ostensibly to facilitate the acquisition of mining licenses.
“As I have repeatedly stated, money was not a bribe, and I made no demands whatsoever from any operative or beneficiary of illegal mining while serving on the IMCIM,” he said in a recent statement.
Mr Bissue was cleared of all wrongdoing and corruption allegations by the Ghana Police Service’s Criminal Investigations Department (CID) in July 2019.
The CID concluded that the documentary that aired did not accurately portray what happened between Bissue and one Yaw Ben of ORR Resource Enterprise.
“The CID investigations primarily relied on the documentary and other sources, as already indicated, but the lead investigator of the Tiger Eye documentary, Anas Aremeyaw Anas, failed to avail himself to assist in investigations and also failed to provide a copy of the unedited version of the documentary,” the CID report said
