OSP Disagrees With Court Order On Cecilia Dapaah Assets Freeze

The Special Prosecutor (SP), Kissi Agyebeng has responded to the ruling by the High Court in Accra on an application to freeze some bank accounts of the country’s former Sanitation Minister, Cecilia Abena Dapaah.

The SP says in as much as it respects the court’s ruling, it does not agree with the basis for the ruling delivered on Thursday, August 31, 2023.

The court presided over by Justice Edward Twum refused to grant the Office of the Special Prosecutor (OSP) an order to continue freezing the assets of the former Minister because according to him, the application was filed out of time; the OSP could not ascertain the owner of the assets; and application was based on public sentiments.

He therefore ordered the OSP to return the frozen assets to the former Minister of Sanitation and Water Resources within seven days from August 31.

Time
Reacting to the points raised by the court, Mr Agyebeng called the Court’s computation of time limitation “erroneous”.

“The OSP searched three private residences associated with Ms Dapaah over the course of two weeks. The search and discovery was ongoing during this period.”

According to him, the application was filed during the statutory window “once the search and discovery window is considered.”

Ownership
He also said the application to freeze the accounts of the suspect was filed after “reasonable suspicion” that the assets (amounts and bank balances) were tainted as she “prevaricated” as the source of the amounts she reported stolen from her residence, those found in her residence during the search and balances in her bank accounts as well as investments.

Public Sentiments
Mr Agyebeng insists that his action was not based on public sentiments but on court processes filed by Ms Dapaah over some amounts stolen from her residence at the Accra Circuit Court.

“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,” he added.

He stated that the investigation has just begun.