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The High Court in Accra has ordered the Office of the Special Prosecutor (OSP) to return the confiscated assets of the former Minister of Sanitation and Water Resources, Cecilia Dapaah, to her within seven days.
This was after the court had dismissed the Special Prosecutor’s application seeking to continue freezing the bank accounts and assets of Ms Dapaah.
In a ruling yesterday, the court, presided over by Justice Edward Twum, held that the OSP breached the Special Prosecutor Act 2017, Act 959, when he filed the application out of time (after seven days’ suspicion).
Tainted property
Aside from that, it was the considered view of the court that the OSP was in doubt of the true ownership of the alleged tainted property found in Ms Dapaah’s house and also failed to convince the court that the alleged tainted property were used in connection with a crime.
If he (OSP) is unsure as to ownership, how did he reach the conclusion that the property is tainted?” the presiding judge queried.
“Ownership and possession are not the same,” Justice Twum added, saying the application was premature as the OSP failed to establish the reasonableness of the suspicion.
It added that there was no justifiable basis for the OSP to exercise the power of seizure under Act 959.
“The application is based on public sentiments and not based on any justifiable legal basis,” Justice Twum said.
source: myghanadaily
