Despite a High Court decision last Thursday, private attorney Martin Kpebu has suggested that former Minister of Sanitation and Water Resources Cecilia Abena Dapaah should forget about her money with the Office of the Special Prosecutor (OSP).
He claimed that numerous pieces of legislation allow the OSP to keep the money and her bank accounts frozen.
On Saturday, September 2, he disclosed this while discussing The Keypoints on TV3/3FM.
The OSP’s request to confirm the freezing of Madam Abena Dapaah’s bank accounts was denied last Thursday by the Financial Division of the Accra High Court, presided over by Justice Edward Twum.
Additionally, Justice Twum disregarded a seizure order issued by the Office.
He claimed that the OSP had committed an error in initiating the seizure of the property and that there was no legal basis for freezing the suspect’s bank accounts either.
It claimed that the OSP’s conduct was motivated by rumors and a desire to appease the public, leading to hasty follow-up investigations.
As a result, the Office was given a seven-day deadline to surrender the assets and accounts.
However, Mr. Kpebu argued that the judge erred in holding the OSP responsible for the period of money’s return.
“I can think of a thousand and one instances when you can read the statute plainly and see that it says to file your defense within 14 days, but if you don’t, they will charge you costs and it will still be accepted.
“So, what the judge was supposed to have done was that he shouldn’t have held the seven days against the OSP,” he insisted.
He emphasized how courts always issue orders and judgments that are easily enforceable because they do not want their rulings to be ignored.
The courts adhere to one fundamental principle: You shouldn’t issue orders that cannot be carried out. He emphasized that the OSP can circumvent this order made by Justice Twum and said, “The courts don’t appreciate orders that cannot be enforced at all.
“You lose it if the OSP takes your money and you can’t explain why.
The judge should have been aware of the fact that the OSP has a wide range of tools at their disposal, and Madam Dapaah will not receive the money.
The OSP is now holding $590,000 and GH2.73 million discovered during a search of Madam Abena Dapaah’s Abelemkpe home.