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Nana Kay News Blog of Sunday, 3 September 2023

Source: Island Reporters

Cecilia Dapaah will not get her money from OSP – Martin Kpebu hints

Despite the fact that the High Court issued its judgement on Thursday, a private legal practitioner named Martin Kpebu has suggested that the former Minister of Sanitation and Water Resources, Cecilia Abena Dapaah, should forget about the money she has with the Office of the Special Prosecutor (OSP).

According to him, there are a thousand and one laws that give the OSP the authority to keep the money and to maintain freezing her bank account.

On Thursday of last week, the Financial Division of the Accra High Court, which was presided over by Justice Edward Twum, denied the Office of the State Prosecutor's request to affirm that Madam Abena Dapaah's bank accounts had been frozen.

A seizure order that had been issued by the Office was also denied by Justice Twum.

He stated that there was no legitimate basis for the seizure of the property because the OSP filed the act incorrectly, and they also lacked any reasonable grounds to freeze the suspect's bank accounts. He said this was evidence that the seizure of the property was not justified.

It was stated that the action taken by the OSP was the result of rumors and a reaction to the feelings of the general public, which led to insufficient investigations being carried out.

As a result, the Office was given the instruction to release the property as well as the accounts within a week's time.

Mr. Kpebu countered that the judge erred in his decision to hold the OSP responsible for the delay in the return of the cash.

"I can give you a thousand and one examples where you see the law plain like this, you can read it, they say file your defense within 14 days, but if you don't file, they will take cost against you but it will be accepted. "I can give you a thousand and one examples where you see the law plain like this, you can read it, they say file your defense within 14 days."

"So, what the judge should have done was that he shouldn't have held the seven days against the OSP," he said. "This is what the judge was supposed to have done."

He emphasized the fact that the courts do not want their instructions to be disobeyed and, as a result, they always issue judgments and rulings that are straightforwardly enforceable.

The courts must always adhere to one cardinal rule, which is that they must never issue orders that cannot be carried out. "The courts don't like orders that can't be enforced at all," he pointed out, emphasizing that the OSP can get around this order made by Justice Twum. "The courts don't like orders that can't be enforced at all," he added.

If the OSP confiscates your currency and you are unable to provide an explanation, you will lose it.

"There are so many tools available to the OSP that they can use, and as a result, Madam Dapaah will not get this money. Therefore, the judge should have been cognizant of that fact,"

A search conducted at the residence of Madam Abena Dapaah in Abelemkpe yielded $590,000 and GH2.73 million, both of which are currently in the custody of the OSP.