The motion filed by the former Minister of Sanitation and Water Resources, Ms Cecilia Abena Dapaah, to have the Accra High Court stop the Office of the Special Prosecutor (OSP) from investigating corruption and corruption-related offences against her has been adjourned to December 5.
This is because a response from the OSP against the motion, which is in the nature of an interlocutory injunction has not been served on Ms Dapaah, her husband and their counsel.
Ms Dapaah and her husband are seeking to bar Mr Kissi Adjebeng, the Special Prosecutor (SP) from what they describe as the unlawful re-seizure of their money and re-freezing of their bank accounts on September 5, 2023.
The former minister argues that the application for judicial review was necessitated by the OSP’s prejudicial and arbitrary conduct
from the inception of his investigations into corruption and corruption-related offences allegedly involving her and the husband.
She argued that “I am advised by counsel that I have property and personal rights that need to be protected by this honourable court and that an order of injunction should be granted against the respondent to prohibit and restrain him from further violating my rights until the determination of this matter.
“I am advised by counsel that damages will be inadequate to compensate me if this application for injunction is not granted and judgment is subsequently entered in the applicant’s favour.
Ms Dpaah and her husband want the court to declare that OSP’s re-seizure of the money (initially seized from the applicant’s home on 24/07/23) and re-freezing of applicant’s bank accounts respectively on September 5, 2023 is unfair, unreasonable, capricious, arbitrary, and ultra vires the OSP’s statutory powers under Act 959 relative to the constitutional provisions of Articles 23 and 296 of the Constitution, 1992.
The applicants asked the court for an order directed at the OSP to release the money re-seized on September 5, 2023, to the applicants and to unfreeze their bank accounts.
They want the court to make an order prohibiting the OSP from continuing the investigation of the applicants for corruption or corruption-related offences and any such other as the court may deem fit.
In July 2023, the Chronicle Newspaper reported that two domestic helps of the former minister had been dragged to court for allegedly stealing $1 million, 300,000 euros, several millions of cedis and personal effects of the former minister and her husband valued at thousands of Ghana cedis and dollars.
The two, 18-year-old Ms Botwe, and 30-year-old Sarah Agyei, allegedly stole the money and personal effects of the couple, between July and October 2022.
Both have been charged with one count of conspiracy to commit a crime and five counts of stealing US$1 million, €300,000, and millions of Ghana cedis.
The former minister resigned from her position after a public uproar.
The OSP commenced an investigation in July 2023 in respect of suspected corruption and corruption-related offences regarding large amounts of money and other valuable items involving Ms Dapaah.
She was arrested by the OSP and was granted bail.
When OSP officials searched the home of Ms Dapaah, they found $590,000 and GH¢2.730,000 in cash at her apartment.
The OSP seized these substantial cash sums as crucial evidence to support the ongoing investigation and also froze seven bank accounts, belonging to the former minister.
BY MALIK SULLEMANA
