Justice Edward Twum of the Financial Division of the High Court has dismissed the application for the confirmation of the seizure of monies and freeze of the bank accounts of Mrs. Cecilia Dapaah.

Edward Twum J. has thus ordered the return of the amount of $590,000 and GHc2.79 million to Cecilia Dapaah within 7days and the unfreezing of her Prudential and Societe General Bank accounts. Justice Twum in dismissing the application brought under the hand of the Special Prosecutor, and argued by the Director of Prosecutions of the office, Dr. Isidore Tufuor, held that the action for seizure and freeze of accounts were done on mere speculation, guesses and a reaction to the media frenzy on the wealth found in the house of the respondent former Sanitation Minister.

The following is a basis for the order of the High Court.

JURISDICTION

The court held that the application by the OSP was filed 14 clear days after the deadline for filing. The court on that basis said it did not have the jurisdiction to confirm the application by the Special Prosecutor under section 32(2) of the Office of the Special Prosecutor Act.

TAINTED PROPERTY

After recounting the condition precedent for seizure of property by the OSP and relying on the meaning of tainted property under section 79 of the OSP Act, the Court held that, per the evidence from the Special Prosecutor, there wasn't any reasonable suspicion for seizing the property in the home of Mrs. Cecilia Dapaah. Neither was there evidence that the money seized was tainted with corruption especially when the Special Prosecutor is yet to determine the ownership of the money from her home which she contends is owned by herself and other family members. Justice Twum queried how the OSP arrived at the determination that the money seized from her home was tainted with corruption? Justice Twum said, ownership and possession are not the same. He said, there was no motive by Mrs. Dapaah to conceal, destroy and dissipate the alleged tainted property and thus, the seizure of the property of Cecilia Dapaah was done contrary to the powers of the OSP.

SEIZURE WAS WRONG

Following from the above, Justice Twum held that the OSP required a warrant to enter the house of Cecilia Dapaah as the former Minister did not seek to conceal, destroy or dissipate the alleged tainted property in her house. The court thereby held that the seizure was wrongly done.

NO GROUNDS FOR BANK ACCOUNT FREEZE

Justice Twum continued the delivery of his ruling by upholding the claims of Mrs. Dapaah that the OSP did not have grounds to freeze her bank accounts. The court held that the OSP failed to provide evidence that the money lodged in her account were derived from corruption. The anti-corruption office also failed to show that she used money lodged in her accounts for corruption or corruption related offences. The court held that there had been no reason for the the freezing of her bank accounts given the evidence of Mrs. Dapaah that her money in question was acquired before she assumed political office as Minister.

MEDIA FRENZY

The court agreed with the view of counsel for Mrs. Dapaah that the OSP based his action in court on mere speculation, guesses and media reaction. The OSP was moved after the Attorney General had issued instructions to the police for investigation to arrive at the ownership of the money found in the home of Mrs. Dapaah. The action of seizure and bank account freeze were wrong especially when the police was yet to come to any determination in their investigation.