A Human Rights Court has struck out a motion of the OSP seeking to dismiss an application filed by former secretary of the Inter-Ministerial Committee on Illegal Mining, Charles Bissue, for the enforcement of his fundamental human rights.
This follows an oral submission for a withdrawal of the application by lawyers for the OSP. Mr Bissue is in court seeking an order of the court to stop the OSP from declaring him wanted.
Justice Nicholas Mensah Abodakpi, who presided over the matter, has thus directed the OSP to file its written submissions in response to the application within seven days.
Lawyer for the OSP, Seth Ansong, stressed the withdrawal of the application was informed by the advice of the court on the need to officially file a reply to the preliminary objections as raised by lawyers for Charles Bissue. He prayed the court to grant them leave to file the necessary processes.
The lawyer for Charles Bissue, Baffuor Awuah, argued that the withdrawal of the motion by the OSP ought to be made formally rather than an oral submission.
"It is a procedural impropriety to do that orally."
But the presiding judge, Justice Abodakpi, indicated he would admit the oral submission in order for the OSP to duly file its affidavit in response to the instant application that was filed by the applicant.
Mr. Baffuor Awuah sought to remind the court that substantial progress had been made in respect of the matter and thus prayed the court to consider the special nature of the case to expedite processes.
"Since filing the instant application, substantial progress has been made towards the conclusion of the matter."
A trial of the case has been scheduled for November 4, 2023. Charles Bissue is currently involved in proceedings within the human rights court, with two judicial review applications.
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