You cannot castigate the court over decisions it has made

An Accra High Court has strongly criticized the Office of the Special Prosecutor (OSP), accusing it of overstepping its authority and abusing its powers. The court, led by Justice Nicholas Mensah Abodakpi, expressed dissatisfaction with certain statements in the OSP’s deposition, challenging legal action by Charles Cromwell Bissue, a former Presidential Staffer.

Bissue is seeking to nullify an arrest warrant allegedly issued by the anti-graft agency for his arrest and investigation.

Justice Abodakpi disapproved of paragraphs 21-23 of the OSP’s affidavit, describing them as “scandalous” and an “abuse of office.” The court emphasized that the OSP does not have appellate jurisdiction over the High Court, with Justice Abodakpi stating, “Whatever power you have, you have no appellate jurisdiction over the High Court.”

In the said depositions, the OSP accused Bissue of deceiving the court into granting an interim injunction based on a non-existent arrest warrant. The OSP also criticized the court for issuing a 10-day injunction, restraining the agency from arresting and investigating Bissue.

“It is, thus, regrettable that although no court warrant was ever issued or existed, this Honourable Court firmly handed down an order of interim injunction against the first respondent, on an ex parte application, to restrain the respondent from discharging its statutory functions for ten (10) days.

It bears noting that a copy of the alleged warrant was never exhibited to the ex parte application, but the applicant had to bear the brunt of the judicial order all the same,” the OSP said.

However, Justice Abodakpi deemed these accusations as scandalous and advised the OSP to have appealed the decision instead of criticizing the court.

“You cannot remonstrate and castigate the court over decisions it has made,” the judge said.

He added: “If you disagree with a ruling of the court, you go to the Court of Appeal and appeal. You are abusing your powers. You cannot castigate me. You haven’t seen the decision of the court and you are saying those things,”

Meanwhile, the case has been adjourned to January 15, next year, for a hearing, where it is expected that a certain video recording of the Special Prosecutor, Kissi Agyebeng, granting interviews would be played in court.