Unfreezing Cecilia Dapaah’s assets: Court adjourns case to February 1

The High Court in Accra has adjourned to February 1, 2024 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.

Ms Dapaah, who is fighting the OSP against the seizure of her assets, wants the Human Rights Court to temporarily stop the OSP from confiscating her assets or interfering with her rights until the final determination of her judicial review application seeking orders to prohibit the OSP from investigating her and to release her assets.

In court Tuesday, the Special Prosecutor, Kissi Agyebeng, was present for the first time since the case began last year, but the former sanitation minister and her husband were absent.

 The case was held in-camera.

It is the case of the former minister 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,” the statement of case accompanying the motion for injunction stated.

Keeping money

The OSP commenced investigation on Ms Dapaah for corruption and corruption-related offences following the revelation that she was keeping more than $1 million in her house.

That was after police prosecutors had arraigned the househelps of Ms Dapaah and her husband, Daniel Osei Kuffour, for allegedly stealing money and items worth millions of Ghana cedis from the couple's residence at Abelemkpe in Accra.

Subject matter

The former minister argued that her 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 allegedly involving her and the husband.

She said the action was also to prevent further violation of her constitutionally guaranteed rights and rendering her Application for Judicial review otiose.

 “It is imperative that the Respondent is restrained from continuing his investigation pending the determination of my said Application.”

“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.

Reliefs

The former minister and her lawyers are 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.

In October last year, the Special Prosecutor charged Cecilia Dapaah for failing to comply with a directive from the office to declare her property and income.

The Office of the Special Prosecutor, as part of investigations, had demanded that Cecilia Dapaah should declare her income and property.  

Cecilia Dapaah is a suspect under investigation for corruption and corruption related offences including using public office for profit in respect of suspected "tainted large cash sums reportedly stolen from her residential premises."

The Office of the Special Prosecutor retrieved large cash from her residential premises.