The Accra High Court has adjourned the case in which former Sanitation Minister, Cecilia Abena Dapaah, and her husband, Daniel Osei Kuffuor, filed an interlocutory injunction against the Office of the Special Prosecutor (OSP) for seizing and freezing their accounts and assets to February 1, 2024.
The former minister is seeking the Human Rights Court to stop the OSP from seizing her assets or interfering with her rights until the final determination of the judicial review application which would prohibit the OSP from investigating her and release her assets.
In July last year, the OSP commenced investigation on madam Cecilia Dapaah for corruption and corruption-related offences after it was revealed that some huge amount of money and other valuables were stolen from her house.
As part of the investigations, the OSP conducted a search at her residence and discovered extra huge sum of money and froze her bank accounts and assests.
The Office of the Special Prosecutor, then directed Cecilia Dapaah to declare her income and property but failed to do so and was subsequently charged by the Special Prosecutor.
Although madam Cecilia Dapaah and her husband were not in court on Tuesday January 9, 2024, her lawyers were of the view that, she will suffer irreparable hardship, if the OSP is not restrained from further confiscating her assets.
“In the ultimate interest of justice and fairness, we would pray this Honourable Court to balance the scales of justice evenly by restraining the Respondent”.
Madam Cecilia and her lawyers are therefore seeking the following reliefs per the application for interlocutory injunction.
(a). A declaration that the Respondent’s re-seizure of the money (initially seized from the Applicant’s home on 24/07/23) and re-freezing of Applicant’s bank accounts, respectively, on 5th September 2023 is unfair, unreasonable, capricious, arbitrary, and ultra vires the Respondent’s statutory powers under Act 959 relative to the constitutional provisions of Articles 23 and 296 of the Constitution, 1992.
(b) An Order for the Respondent to release the money reseized on 5th September 2023 to the Applicant and to unfreeze her bank accounts.
(c) An Order prohibiting the Respondent from continuing the investigation of the Applicant and her husband for corruption or corruption-related offences.
(d) Any such further or other Orders as this Honourable Court may deem fit.
Madam Cecilia Dapaah further argued that the application for Judicial review was necessitated by the OSP’s prejudicial and arbitrary conduct from the inception of his investigations into corruption and corruption-related offences.
According to her, the application for Judicial review was also to prevent further violation of her constitutionally guaranteed rights.
“I am advised by counsel that I have property and personal rights that need to be protected by this Honourable Court and that an order of injunction should be granted against the Respondent to prohibit and restrain him from further violating my rights until the determination of this matter.
“I am advised by counsel that damages will be inadequate to compensate me, if this application for injunction is not granted and judgment is subsequently entered in the Applicant’s favour.
“I am further advised by counsel and verily believe same to be true that considering the facts of this case and all surrounding circumstances, it is just, convenient, proper, and necessary for this Honourable Court to exercise its discretion in my favour and grant this application,” she argued.
