OSP disagrees with High Court over Cecilia Dapaah accounts freezing and seizure order
The Office of the Special Prosecutor (OSP) investigating former Minister of Sanitation and Water Resources, Ms. Cecilia Dapaah says while it respects an Accra High Court decision against its move to freeze and seize the accounts and investments of the politician, it disagrees with the court.
In a statement copied to Ghana Business News, Thursday August 31, 2023, the OSP said, the High Court in Accra refused to grant its application of the seizure and freezing orders.
The OSP had gone to the Court with an application to freeze the assets of Ms. Dapaah. The OSP’s actions come after the former Minister got her domestic workers and their boyfriends arrested for allegedly stealing huge sums of monies both local and foreign currencies at her residence, and put before court.
An affidavit in support of the OSP motion said further searches have led to the discovery of cash in the sum of $590,000 and GH¢2,730,000 at the Abelemkpe residence of the former minister.
“Authorised officers of the OSP seized the discovered cash sums on reasonable grounds that they were suspected tainted property in accordance with Section 23 (1) of Act 959 as it was necessary to exercise the power of seizure to prevent concealment of the cash sums,” the OSP had said.
The OSP indicated that it started investigation in the third week of July 2023 in respect of suspected corruption and corruption-related offences regarding the large amounts of money and other valuable items involving Ms. Dapaah. It then made an application to the court to freeze and seize her assets,.
The court however, refused to grant the application on the grounds that the confirmation of seizure application was filed out of time; that the OSP did not provide any basis for the seizure and the freezing since it did not disclose the details of the transactions in the accounts. And further that the freezing order was based on public sentiments and without proper investigations, it said.
“While the OSP respects the Court’s decision, it disagrees with the decision of the Court. First, the OSP believes that the Court’s computation of the time limitation is, with respect, erroneous. The OSP searched three (3) private residences associated with Ms. Dapaah over the course of two weeks. The searches and discovery were ongoing during that period. There is little doubt that the OSP led its application within the statutory window once die search and discovery window is considered,” it explained.
It added that, secondly, the seizure by the OSP and the Special Prosecutor’s freezing order were effectuated on the very firm basis of reasonable suspicion that the amounts and bank balances were tainted property as Ms. Dapaah prevaricated as to the source(s) of the amounts she reported stolen from her residence, the amount discovered by the OSP in her residence, and the volume of transactions in her bank accounts and investments.
“Third, the freezing order was not based on public sentiments. Rather, it was based on court processes filed in a criminal matter before the Circuit Court, Accra involving Ms. Dapaah as the complainant,” it said.
The OSP further said the freezing order was effected to aid the investigation, as required by law, not on the basis of the investigation, as indicated by the Court.
“Therefore, it cannot be said that the OSP did not carry out proper investigations to warrant the freezing order. The investigation has only commenced, and it is ongoing,” the OSP argued.
It assured the public that it will take all necessary legal steps to ensure that the seized amounts and balances in Ms. Dapaah’s bank accounts and investments are neither concealed, lost, or otherwise dissipated.
By Peter Quarshie
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