The Office of the Special Prosecutor (OSP) says it disagrees with the Accra High Court’s order for it to return Former Sanitation Minister, Cecilia Dapaah’s seized money.

The Court on Thursday, August 31 ordered the OSP to return the money within seven days and reverse its August 9 decision to freeze her Dollar and Cedi accounts.

However, the OSP in a statement in response to the Court’s order, said it respects the court’s decision but disagrees with it because it is erroneous.

“While the OSP respects the Court’s decision, it disagrees with the decision of the Court. First, the OSP believes that the Court’s computation of the time limitation is, with respect, erroneous. The OSP searched three (3) private residences associated with Ms. Dapaah over the course of two (2) weeks. The searches and discovery were ongoing during that period. There is little doubt that the OSP filed its application within the statutory window once the search and discovery window is considered.”

Background

The High Court in Accra has ordered the office of the Special Prosecutor to return seized properties from residence of embattled former Sanitation Minister, Madam Cecilia Dapaah within 7 days from today.

This was after the Court presided over by Justice Edward Twum ruled that, the OSP acted wrongly in exercising its powers to conduct a search in the home of the former minister.

The court said the OSP per the law violated conditions precedent before it could make such orders to seize those properties it deemed “suspected tainted property” with corruption.

The court also ruled that, the OSP failed to file the application within the 7 days statutory requirement but rather filed the seizure orders out of time and the court cannot support it.

The court said the seizure was done on July 24 while the application was filed on August 8, which is 14 days in clear violation of 7 days period legally required.

EIB Network’s Legal Affairs Correspondent who is monitoring proceedings said, Justice Twum said the court also found no justifiable reasons for the OSP to freeze the accounts of Cecelia Dapaah.