OSP disagrees with High Court decision

The Office of the Special Prosecutor (OSP) has voiced its disagreement with a judgment made by the Financial Division of the Accra High Court on Thursday, which denied its request to have former Sanitation Minister Cecilia Abena Dapaah's bank accounts frozen.

According to a press statement issued on Thursday, August 31, it was emphasized that although though the Office of Special Prosecutions respects the decision of the Court, it does not agree with the decision of the Court.

The OSP explained its conclusion by citing these three fundamental factors.

"First, the OSP believes that the Court's computation of the time limitation is, with respect, erroneous," it said, citing how operatives of the Office searched three private houses of Madam Abena Dapaah during the course of a two-week period of time. "Second, the OSP believes that the Court's computation of the time limitation is, with respect, incorrect," it said.

"Second, the seizure by the OSP and the freezing order by the Special Prosecutor were carried out on the very firm basis of reasonable suspicion that the amounts and bank balances were tainted property as Ms. Dapaah evaded answering questions regarding the source(s) of the amounts she reported stolen from her residence, the amounts discovered by the OSP in her residence, and the volume of transactions in her bank accounts and investments,"

"Third, the freezing order was not based on public sentiments," the statement stated. "Rather, it was based on court processes filed in a criminal matter before the Circuit Court, Accra involving Ms. Dapaah as the complainant."

The OSP noted that the ongoing freezing of the accounts was "not on the basis of the investigation, as indicated by the Court." This was done because further freezing of the accounts was necessary by law to assist investigations.

It is therefore impossible to assert that the Oregon State Police did not conduct enough investigations before deciding to implement the freeze order.

This comes as a result of the High Court denying the OSP's case and ordering it to return all of the confiscated assets of the previous minister of state within a week's time.

According to the Court's interpretation, the action taken by the OSP was motivated by speculation and a reaction to the feelings of the general public, leading to insufficient investigations as a result.

It stated that there was no justifiable basis for the seizure of the property as the OSP entered the act incorrectly. This was the main argument.

The court also decided that the OSP did not have sufficient grounds to justify the decision to freeze the bank accounts of the former Member of Parliament (MP) for Bantama.