OSP publishes a public notice and has the authority to detain someone without a warrant

The general public is now informed that the Office of the Special Prosecutor (OSP) may make arrests without a warrant when acting within the scope of its police authority.

Charles Bissue, a former Secretary of the now-defunct Inter Ministerial Committee on Illegal Mining (IMCIM), is the target of an injunction issued on the OSP on Thursday by the Human Rights Division of the High Court in Accra that seeks to prevent the office from arresting him. The OSP responded to the injunction by issuing the following statement shortly after the court injunction:

“The general public is advised that in the exercise of its police powers, the Office of the Special Prosecutor may arrest without a warrant any person it reasonably suspects of having committed corruption or crimes related to corruption,” the statement reads.

Following a request made by Mr. Bissue’s attorneys, a temporary injunction was issued. It will be in effect for 10 days.

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Charles Bissue cannot be detained by OSP for 10 days, under the court’s order.

Charles Bissue: The OSP has listed him as a wanted person and the former IMCIM Secretary.

In a similar development, the OSP has clarified the requirement for a person to be declared sought while they are already in the territory under their authority.

Why is a person listed as sought while they are already in the nation, several people have questioned. On Wednesday, June 14, 2023, the OSP made a new public announcement.

“If an individual repeatedly ignores summonses to appear before OSP, that individual will be listed as sought by OSP.

“Being sought implies that you might be detained at any time, with or without a warrant, if you are seen.

The use of a warrant for an arrest is not always required by law enforcement. Act 30’s provision 10(2) permits warrantless arrests.

“The OSP will issue an Interpol Red alert notice if they have knowledge that you are outside the nation but still wanted by law enforcement.

The fact that OSP did not contact Interpol indicates that it is aware the suspect is in Ghana but has chosen not to act.

Proviso injunction

According to Emmanuel Ebo Hawkson of Graphic Online, the High Court, presided over by Justice Nicholas Abodakpi, granted an interim injunction on Thursday, June 15, to prevent the OSP from executing an arrest warrant against Mr. Bissue, publishing a notice designating him as wanted, and requesting additional warrants of arrest within the 10-day window.

On June 22, 2023, the substantive case hearing will resume.

Notice

The OSP is looking into allegations of corruption and actions connected to corruption including unlawful mining against Mr. Bissue and others involved in IMCIM operations.

As a result of Mr. Bissue’s refusal to appear before the OSP for questioning on Tuesday, the OSP issued a notice stating that he was sought.

As a result of his prior exoneration by the Police Service’s Criminal Investigations Department in connection with the same alleged corruption case, Mr. Bissue is contesting the OSP’s investigations.