Cecilia Abena Dapaah
The Office of the Special Prosecutor (OSP) has filed another application seeking the confirmation of the seizure of the GH¢2.73 million and $590,000 its officers seized at the residence of former Minister for Sanitation and Water Resources, Cecilia Abena Dapaah.
The second application is also seeking the confirmation of the freezing of the seven bank accounts of the former minister at Prudential Bank and Societe Generale.
The application follows the dismissal of an earlier one filed by the OSP after an Accra High Court held that both the seizure and the freezing were not done in accordance with the law.
The Office of the Special Prosecutor had released both the cash and the bank accounts to Madam Dapaah in compliance with the court order which was given on August 31, 2023.
But the Office on September 5, had indicated in a press statement that the funds were seized again and the account refrozen as there was reasonable suspicion that the funds were tainted.
Arrest
The OSP arrested Madam Dappah on July 24, 2023, on suspicion of corruption and corruption-related offences after she and her husband reported huge sums of money was stolen from their home by their two housemaids.
The OSP then administratively froze the bank accounts of the former minister and filed an application before an Accra High Court seeking to confirm the seizure of the monies at her home as well as the freezing of the accounts pending further investigation into the true ownership and source of the monies.
Ruling
Justice Edward,in his ruling on the first application, had indicated that based on the available facts before it, there was no justifiable basis for the authorised officers of the OSP to exercise the powers of seizure without a court warrant or order.
The court said the true ownership of the money found at the matrimonial home of the former minister has not been established, leaving the court to wonder the basis for the OSP concluding that the funds were tainted property when a directive by the Attorney General on the police to establish the ownership and source of funds were yet to conclude.
Justice Twum also suspended the administrative freezing order placed on seven bank accounts of the former minister at Societe Generale and Prudential Bank Limited on grounds of containing alleged tainted funds.
It was the view of the court that the freezing of the account was done without any justifiable legal basis, particularly at a time when another state security institution is investigating Madam Dapaah in respect of the same subject matter for which the OSP froze her accounts.
“It is clear to this court that this action by the applicant was based on speculation and mere guesses and at best reactionary to public sentiments and not based any criminal intelligence gathered as the applicant wants this court to believe,” the court held.
New Move
The Office of the Special Prosecutor on September 11, once again, filed another application seeking the confirmation of the seizure of the money found at her home and confirmation of the freezing of the seven bank accounts which are said to contain substantial amounts in both cedis and other foreign currencies.
The application, which was filed before an Accra High Court, is scheduled to be heard on October 18, 2023, when the Superior Courts return from the legal vacation.
BY Gibril Abdul Razak