Special Prosecutor erred in handling Cecilia Dapaah case - Kwame Adofo

Constitutional Lawyer Kwame Adofo has criticised the Office of the Special Prosecutor (OSP) for the missteps it made in the case of former Sanitation Minister Cecilia Dapaah.

In an interview on Onua FM, Adofo expressed concern that the OSP's alleged lack of thorough investigation and reporting could jeopardise what he called a "fine case." 

He claims that the OSP accused Dapaah of money laundering prematurely without sufficient evidence to back up the allegations.

Adofo explained the legal requirements for the Special Prosecutor, emphasising that any discovered tainted money should be reported to the court within seven days. 

However, Adofo stated that the OSP went beyond this timeframe, waiting for more than two weeks before initiating legal action, which he considers a failure to comply with the law.

This delay, Adofo argues, led the court to dismiss the OSP's case, resulting in the return of the seized funds to Dapaah. Furthermore, the OSP reportedly did not challenge the court's decision.

"The Special Prosecutor was asked to submit his report on the investigation conducted that says her money is laundered, but he couldn't provide that report because no investigation was conducted.

"As a Special Prosecutor, if he investigates and sees that the money is tainted, he has seven days to go to court and report the issue immediately for the needed actions to be taken, but the OSP did not do this. He waited for more than 14 days before even going to court, meaning the laws he was supposed to work with he did not comply with; he faulted it.

"Because he delayed, the court told him he had faulted; hence, the OSP had no case and had to return the millions of money to Cecilia Dapaah. He did not appeal to the court either," he said.

Adofo also mentioned that after these events, the OSP transferred the case to the Economic and Organized Crime Office (EOCO). He sees this as an effort to shift focus away from the OSP's own failures.

The lawyer questioned EOCO's capability to conduct a thorough investigation without having access to the funds in question or any preliminary investigation reports. 

He mentioned that transferring the case to EOCO without a solid basis escalated the issue and raised doubts about the chances of a successful resolution.

"OSP knew he had messed up, and to make an excuse to cover up his ineffectiveness, he handed the case to EOCO because he knew he messed up.

"Transferring the case to EOCO without a solid foundation only compounds the issue. Without tangible leads or evidence, the prospects of a successful investigation are slim; without tangible evidence, the case remains mired in uncertainty," Adofo remarked.

ID/SEA

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