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Nana Kay News Blog of Saturday, 2 September 2023

Source: Island Reporters

The judge was spot on in denying OSP the order to freeze Cecilia Dapaah’s bank account – Kpebu

Martin Kpebu, a private legal practitioner, believes the judge was correct in refusing the Office of the Special Prosecutor (OSP) the authority to freeze the bank accounts of former Minister of Sanitation and Water Resources, Cecilia Abena Dapaah.

He pondered how the judge would grant the order if the OSP had not submitted the key evidence, namely the bank account data.

The Accra High Court's Financial Division had ordered the OSP to return Cecilia Abena Dapaah's seized property within seven days.

According to the Court, there was no justifiable ground for the seizure of the property because the OSP entered the act incorrectly. The Court also determined that the OSP lacked reasonable reasons to freeze the former Bantama MP's bank accounts.

It claimed that the OSP's action was based on speculation and a reaction to public sentiment, resulting in inadequate investigations. The decision was made on Thursday, August 31.

The OSP has sought High Court approval to freeze Madam Abena Dapaah's accounts at Prudential Bank and Societe Generale Ghana in compliance with section 38(1) of Act 959 and regulation 19(1) of LI2374. According to the OSP, the confirmation was essential to help investigations.' It stated in its motion that a search of the former Sanitation Minister's Abelemkpe residence turned up $590,000 and GH2.73 million.

It subsequently placed her under house arrest, saying there was probable cause to suspect her of corruption and corruption-related actions. However, the judge dismissed the entire application.

When asked if he was surprised by the court's decision. "A little surprising, but not too much," said Mr Martin Kpebu. I expected that between the two applications, on the seizure of the 590,000 and the 2.7 million found in Madam Dapaah's house, the judge would be able to scale the OSP's procedural lapses and confirm the seizure so that those assets would remain seized while investigations continue.

"As for the account freezing, the judge is correct; the OSP did not expect to get the order when the details of the account were not provided, how much was involved."

"Those are the accounts, one with transaction volumes of up to $5 million USD and the other with transaction volumes of up to 48 million Cedis." What was Mr Kissi Agyebeng thinking when he asked the judge to grant him an order on the accounts despite the fact that he had not provided any details? How?

"That is the case's crown jewel; the most crucial evidence that we have heard is that there are transaction volumes of up to 5 million dollars in one account and transaction volumes of up to 48 million Ghana cedis."