By Beatrice Oppon
The High Court in Accra has adjourned to August 31, 2023, to rule on the application to confirm the Office of the Special Prosecutor’s order of freezing and seizure of suspected property of former Sanitation Minister Cecilia Dapaah.
Lawyer for the OSP, Dr Isidore Tuffuor, moving the application, said following suspected acts of corruption against Madam Dapaah, a search was conducted at her residence, which discovered huge sums of money stashed in the house.
He mentioned $590,000 and another two point seven three zero million Ghana cedis as monies found at the residence. The lawyer claims that ownership of those monies remains in dispute even though they were found in the possession of the former Sanitation Minister.
Dr Tuffour argued that the source of the monies also remains in doubt, hence the decision by the Special Prosecutor to seize and freeze those property pending investigations. He said the seizure was made under Section 32(1) of the OSP Act on ground that the said monies are suspected to be tainted and therefore it is necessary to exercise power of seizure to prevent any concealment.
The OSP also came under Section 38 to urge the High Court to confirm the freezing of Madam Dapaah’s bank accounts. Dr Tuffour said the freezing is justified under the said provision, which gives power to the Special Prosecutor to freeze any property necessary to facilitate investigations.
Lawyer for Madam Dapaah, Victoria Barth, opposed the application, submitting that the application contravenes the very provisions the OSP is relying on in invoking the Court’s jurisdiction. She contended that the application was brought out of time.
She argued that per the law, confirmation of seizure of suspected tainted property must be done within seven days. She said it is a mandatory requirement which must be satisfied to properly invoke the court’s jurisdiction. Madam Barth submitted that the application is rife with misrepresentation of facts. She referred to their affidavit in opposition, which details the caliber and work history of Madam Dapaah and her husband which she claims, shows that the application was brought in total breach of the OSP’s own enabling law.
She further contended that the application to confirm the seizure and freezing of suspected tainted property of Madam Dapaah is an arbitrary exercise of powers by the Special Prosecutor based on suspicion arising from misrepresented facts and media frenzy, and accordingly urged the court to dismiss it.
Meanwhile, lawyer for the OSP told the Court that Madam Dapaah’s husband has also been put under arrest and is also on OSP inquiry bail pending investigations. Madam Barth, however, denied saying her client was not even aware that her husband is under arrest.
