Bissue Vs OSP: You Have No Legal Jurisdiction Over The High Court-Judge To OSP
The following paragraphs contained in the OSP’s affidavit in answer incurred the wrath of the court and same were struck out;
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21 Paragraphs 28 to 29 of the affidavit in support are not denied. ‘The first respondent further states that the applicant misled this Honourable Court into granting an exparte interim injunction against the first respondent on 15 June 2023, restraining the first respondent from enforcing a non-existent arrest warrant.
22 The first respondent notes that the applicant in paragraph 27 of his affidavit in support claims that he was reliably informed on the purported grant of the arrest warrant. The first respondent contends that this claim by the applicant clearly amounted to suspicion, and it is well settled that the rule of litigation game is evidence and not suspicions or conjectures.
23 It is thus regrettable, that although no court warrant ever issued or existed, this Honourable Court firmly handed down an order of interim injunction against the first respondent, on an exparte application, to restrain the respondent from discharging its statutory functions for a period of ten (10) days. It bears noting that a copy of the alleged warrant was never exhibited to the exparte application but the applicant had to bear the brunt of the judicial order all the same.
Trial sets for next year
Charles Bissue is seeking for the enforcement of his human rights from the Court.
Justice Abodakpi after hearing the parties on Wednesday, December 6, directed lawyers of the Applicant,(Charles Bissue), the OSP and the Attorney General to file their written submissions before the next sitting.
While State Attorneys from the AG’s Office who were assigned the case to represent the Kaneshie district Court, are to file also their affidavit in answer before the next date.
EIB Network’s Legal Affairs Correspondent, Murtala Inusah, reports that the case has been adjourned to January 15, 2024 for hearing when a video recording of certain interviews granted by the OSP would be played in open Court.
Subject matter
Charles Bissue who is seeking for the enforcement of his human rights is asking for the following relief from the Human Rights;
a). Quash or cancel the Arrest Warrant issued against the Applicant by the 2nd Respondent to the 1st Respondent.
b). Quash the 1st Respondent’s Notice, declaring the Applicant wanted.
c). Compel the 1st Respondent to comply with the provisions of L.I. 2374 by providing the Applicant with a copy of the Petitions, forming the basis of the investigations being conducted by the 1st Respondent in respect of which the Applicant is deemed to be a necessary person.
d). Prohibit the the 1st Respondent, pending the determination of Suit No. J/0328/2023, from applying for Arrest Warrants and hounding the Applicant in the name of investigations.
