Judge chastises Office of the Special Prosecutor, saying, “You don’t have powers over the court.”

An Accra High Court has expressed its displeasure with the Office of the Special Prosecutor (OSP) for what it called “abusing its powers” and overstepping its bounds.

Judge chastises Office of the Special Prosecutor, saying, "You don't have powers over the court."
Judge chastises Office of the Special Prosecutor, saying, “You don’t have powers over the court.”

The OSP’s affidavit contained some depositions that the court, led by Justice Nicholas Mensah Abodakpi, found objectionable. The former Presidential Staffer, Charles Cromwell Bissue, had filed a lawsuit to annul an arrest warrant that the anti-graft agency had allegedly obtained in order to detain and question him.

The judge claimed that the OSP was “abusing its power” and that it was assuming an appellate position above the High Court.

The OSP made the aforementioned depositions (paragraphs 21–23 of the affidavit), which Justice Abodakpi called “scandalous” and a “abuse of office” since they showed the agency acting as though it was in charge of the court.

As a result, the court eliminated the three paragraphs.

The OSP has no appellate jurisdiction over the High Court.

Judge Abodakpi stated, “You have no appellate jurisdiction over the High Court, whatever authority you may have.”

The OSP accused Mr. Bissue, among other things, of misleading the court to obtain an interim injunction based on an allegedly fictitious arrest warrant in the aforementioned depositions (paragraphs 21–23 of the affidavits).

In the deposition, the OSP further criticized the court for allowing the 10-day temporary order to remain in effect, preventing the anti-graft agency from making an arrest or starting an investigation into Bissue.

Therefore, it is unfortunate that this Honorable Court firmly granted an order of interim injunction against the first respondent on an ex parte application, preventing the respondent from carrying out its statutory duties for ten (10) days, despite the fact that no court warrant was ever issued or existed.

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