An Associate Professor of the School of Law at the University of Ghana, Prof. Kwadwo Appiagyei-Atua, says the former Sanitation Minister’s properties must be returned if the Special Prosecutor fails to press charges within 60 days.
According to Prof. Kwadwo Appiagyei-Atua, the OSP within this period would have to take the matter to court for the amount frozen or confiscated to be confirmed for the continuous seizure.
“If the Special Prosecutor doesn’t proceed to press charges and to prosecute the matter, within a 60-day time-frame, then the property is supposed to be returned to her [Cecilia Dapaah].”
This comes after Madam Dapaah’s bank accounts which hold substantial amounts in both dollars and cedis were frozen by the Special Prosecutor on Wednesday, August 9.
Although the OSP holds the authority to administratively freeze accounts linked to a person of interest, court approval is necessary to prolong the action. The hearing to solidify the development is scheduled for next week.
Sources suggest that the former minister’s bank accounts contained millions in US dollars and Ghana cedis.
Speaking on Joy FM’s Top Story on Wednesday, Prof Appiagyei-Atua stated that the OSP is working within the confines of the law.
He stated that the OSP has police powers as defined by the Criminal Offences Act. In this regard, he has the authority to seize property, particularly if the Special Prosecutor has a reasonable suspicion that the property is tainted, he added.
“In that respect, the property that was seized has to go to court for the court to confirm that indeed the amount of money needs to remain with the OSP to help with the investigation.
“In the same way the property that has been frozen, that also needs to be confirmed that indeed the property needs to be continued freezing is critical for the investigation to be concluded for the prosecution to start where necessary,” he said.
Prof Appiagyei-Atua indicated that the OSP’s powers in the Criminal Offences Act prevents the persons whose money was seized to be sued.
“So if you look at the OSP’s act clearly there are working within the confines of the law.”
