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The Office of the Special Prosecutor (OSP) has expressed dissent at a decision by the Financial Division of the Accra High Court on Thursday in rejecting its application for a freeze of the bank accounts of former Sanitation Minister Cecilia Abena Dapaah.
“While the OSP respects the Court’s decision, it disagrees with the decision of the Court,” a press release on Thursday, August 31 stressed.
The OSP gave three cardinal reasons for its decision.
“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 residences of Madam Abena Dapaah over a two-week period.
“Second, the seizure by the OSP and the Special Prosecutor’s freezing order were effectuated on the very firm basis of reasonable suspicion that the amounts and bank balances were tainted property as Ms Dapaah prevaricated as to 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,” it insisted, “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 explained that further freezing of the accounts was to aid investigations as required by law “not on the basis of the investigation, as indicated by the Court”.
“Therefore, it cannot be said that the OSP did not carry out proper investigations to warrant the freezing order.”
This comes after the High Court rejected the OSP’s application, ordering it to return all seized assets of the former minister of state within seven days.
According to the Court, the action by the OSP was borne out of speculation and reaction to public sentiments, thus undertaking poor investigations subsequently.
It said there was no justifiable basis for the seizure of the property as the OSP entered the act wrongly.
The Court also found the OSP as having no reasonable grounds to freeze the bank accounts of the former Bantama Member of Parliament (MP).
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