The High Court in Accra has postponed its ruling to August 31, 2023, to decide on the application to confirm the Office of the Special Prosecutor's (OSP) order to freeze and seize suspected property belonging to former Sanitation Minister, Cecilia Dapaah.
In the court proceedings, Lawyer for the OSP, Dr Isidore Tuffuor, presented the application, asserting that after allegations of corruption against Madam Dapaah, a search of her residence revealed significant amounts of money concealed within.
Reportedly, $590,000 along with an additional 2.73 million Ghana cedis were discovered at her residence.
Dr Tuffuor argued that the ownership of these funds is in dispute, despite being found in the possession of the former Minister.
He further noted that the origin of these funds is uncertain, leading the Special Prosecutor to freeze and seize the property for investigation purposes.
This action was taken under Section 32(1) of the OSP Act, citing suspicions of tainted money necessitating seizure to prevent concealment.
Additionally, the OSP invoked Section 38, urging the High Court to confirm the freezing of Madam Dapaah's bank accounts.
Dr Tuffour defended this action, stating that it aligns with the provision empowering the Special Prosecutor to freeze property to facilitate investigations.
However, Madam Dapaah's lawyer, Victoria Barth, opposed the application, contending that it violates the very provisions upon which the OSP relies to invoke the court's jurisdiction.
She argued that the application was filed outside the stipulated timeframe. According to her, the law requires the confirmation of the seizure of suspected tainted property within seven days to properly invoke the court's jurisdiction.
Madam Barth maintained that the application contains misrepresentations of facts, referring to their opposing affidavit, highlighting Dapaah's work history and reputation, suggesting that the application was made in breach of the OSP's own enabling law.
Madam Barth further argued that the application to confirm the seizure and freezing of Dapaah's suspected tainted property is an arbitrary exercise of power by the Special Prosecutor, fueled by suspicion arising from misrepresented facts and media frenzy.
She called on the court to dismiss the application. In an unrelated development, the lawyer for the OSP informed the Court that Madam Dapaah's husband has also been arrested and is currently on OSP inquiry bail, pending investigations.
However, Madam Barth denied this claim, asserting that her client was unaware of her husband's arrest. The case continues to unfold as the court's ruling on the property seizure application approaches.