The High Court in Accra has ruled against the Office of the Special Prosecutor (OSP) in a case seeking to continue freezing the bank accounts and assets of former Minister of Sanitation and Water Resources, Cecilia Abena Dapaah. The ruling, handed down today by Justice Edward Twum, has brought an end to a contentious legal battle that has been ongoing for some time.
The Office of the Special Prosecutor had initiated proceedings to freeze Cecilia Abena Dapaah’s assets and bank accounts, alleging their connection to criminal activities. However, the court’s decision highlighted critical flaws in the OSP’s case.
Breach of Special Prosecutor Act, 2017 Act 959
Justice Twum, in his ruling, stated that the OSP had violated the Special Prosecutor Act, 2017 Act 959, by filing the application out of time. This procedural error was seen as a significant lapse in the prosecution’s case, casting doubt on the validity of their actions.
Ownership Doubts and Lack of Convincing Evidence
Another pivotal point in the court’s judgment was the OSP’s inability to establish the true ownership of the alleged tainted property found in Cecilia Dapaah’s residence. The court expressed skepticism about the OSP’s assertion that these assets were associated with criminal activities, asking, “If he (OSP) is unsure as to ownership, how did he reach the conclusion that the property is tainted?”
Justice Twum underlined that ownership and possession are distinct legal concepts and that the OSP had not adequately proven that the alleged tainted properties were used in connection with any criminal activity. This lack of compelling evidence was a crucial factor in the court’s decision.
Premature Application and Lack of Justifiable Basis
Furthermore, the court deemed the OSP’s application as premature, emphasizing that the prosecution had failed to establish the reasonableness of their suspicions. The ruling stated that there was no justifiable basis for the OSP to exercise the power of seizure under Act 959, and their application appeared to be based on public sentiment rather than solid legal grounds.
Assets to be Returned
In light of these deficiencies in the OSP’s case, the High Court has ordered the OSP to return the confiscated assets to the former Minister of Sanitation and Water Resources, Cecilia Abena Dapaah, within seven days from the date of the ruling (August 31). This decision marks a significant victory for Cecilia Dapaah and her legal team.
In a strongly worded judgment, Justice Edward Twum declared that the OSP’s application was “based on public sentiments and not based on any justifiable legal basis.” The ruling sets a significant precedent regarding the proper application of the Special Prosecutor Act and underscores the importance of due process and evidence in legal proceedings.
As the legal landscape evolves, this case serves as a reminder of the critical role that the judiciary plays in upholding the principles of justice and the rule of law in Ghana.
