The Office of the Special Prosecutor (OSP) has expressed its disagreement with the High Court in Accra's directive to return Cecilia Dapaah's confiscated funds.
The Office of the Special Prosecutor (OSP) has expressed its disagreement with the High Court in Accra's ruling that ordered the return of Cecilia Dapaah's seized funds. On August 31, the Accra High Court dismissed the OSP's request to continue freezing the bank accounts and assets of former Minister Cecilia Abena Dapaah. The court, led by Justice Edward Twum, cited the OSP's violation of the Special Prosecutor Act, 2017 Act 959 for filing the application out of time.
Furthermore, the court questioned the OSP's certainty regarding the ownership of the alleged tainted property found in Cecilia Dapaah's residence, casting doubt on whether these assets were connected to a crime. Justice Twum emphasized that ownership and possession are distinct concepts,
“If he (OSP) is unsure as to ownership, how did he reach the conclusion that the property is tainted?” presiding judge queried. “Ownership and possession are not the same,” Justice Twum added deeming the application premature due to the OSP's failure to establish reasonable suspicion.
The court concluded that there was no justifiable basis for the OSP's seizure powers under Act 959 and ordered the return of confiscated assets to the former Minister within seven days. Justice Twum criticized the application as being driven by public sentiment rather than solid legal grounds.
“The application is based on public sentiments and not based on any justifiable legal basis,” Justice Twum said.
In response, the OSP, while respecting the court's decision, disagreed with it, citing errors in the court's interpretation of the time limitations.
The OSP argued that it had conducted searches in three private residences linked to Ms. Dapaah over two weeks, and when considering the search and discovery timeframe, its application fell within the statutory window.
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