OSP goes to SC; seeks quashing of HC ruling to hear motion earlier

The Office of the Special Prosecutor(OSP) has invoked the supervisory jurisdiction of the Supreme Court seeking to quash a ruling of the High Court to hear its second confirmation motion earlier than expected.

The High Court, presided over by Justice Eric Twum granted a motion for abridgment of time filed by Madam Cecilia Dapaah subsequent to the OSP’s filing of a second motion for confirmation of seizure.

Earlier, the court set October 18 to hear the motion but changed it to October 12 after granting Madam Dapaah’s request.

In its ruling, the court noted that Ms Dapaah would suffer greater hardship if the application is not heard earlier.

Appearing in court yesterday, the Director of Prosecutions at the Office of the Special Prosecutor, Dr. Isidore Tufuor told the court about its latest application at the Supreme Court and their request for a stay of proceedings at the trial court.

On their part, lawyers for the former minister described the latest application as an attempt by the OSP to flee from the hearing of its own motion but was disagreed by the OSP Director of Prosecutions.

The Office of the Special Prosecutor filed on September 11 a second motion seeking confirmation of a freezing order directed towards some amount of money retrieved from Madam Cecilia Dapaah and those in her bank account which the office believes are tainted.

This follows an August 31 ruling by the High Court presided over by Justice Edward Twum dismissing the OSP’s first attempt at the same end in the matter and ordering the latter to return the frozen cash to her within 7 days.

The OSP however announced that it had complied with the order of the court but immediately seized Cecilia Dapaah’s properties to aid their investigation insisting that those properties were tainted.

In its latest application, the OSP is contending among others that the substantial sums of substantial sums of US$590,000 and  GHC2.730,000 discovered by Officers following a search at the residential properties of the suspect are tainted because they are not linked to any lawful sources.

The Office has also alleged that Madam Dapaah has registered a company called ‘Dermacare Cosmetics and also had an undisclosed and undeclared real estate business in that she used an undisclosed identity to sell the property to others.

Additionally, the OSP avers per its findings that Madam Cecilia Dapaah’s dead brother’s account was still sending her money adding that as recently as September 19, 2022,  and May 23, an amount of ¢10,450 and ¢11,280 respectively were transferred, supposedly by the deceased brother to the first respondent (Cecilia Dapaah).

In her response, Madam Cecilia Dapaah however denies the assertion that her husband is covering up for her relative to the ownership and the sources of money that were reportedly stolen from their premises.

Further, she describes as false, the OSP’s assertion that she registered a cosmetic and an undisclosed real estate company that she has concealed and using to transact businesses.

Madam Dapaah contends also that the OSP has demonstrated no basis to suspect the money found at her home and bank account were from corrupt sources or tainted and thus wants the court to dismiss same accordingly.

The OSP’s second motion for confirmation was initially expected to be moved on October 18 but the lawyer for Madam Cecelia Dapaah is said to have filed a motion for an abridgment of time would have seen the case being heard on October 12, 2023.

However, before this could happen, the OSP noted per a post that it would not and cannot be reasonably expected to be parties to proceedings before the said judge and thus made a request to the Chief Justice for the removal and recusal of the sitting judge.