The Office of the Special Prosecutor (OSP) has said it has not withdrawn its request to the Chief Justice for the recusal and removal of His Lordship Justice Edward Twum from all cases pending before him, especially the one involving former Minister of Sanitation and Water Resources Cecilia Abena Dapaah.
Reports indicated that the OSP had withdrawn the petition.
However, the Office in a tweet on Wednesday, October 18 said “The public is urged to disregard” these reports.
Public Notice
The Office of the Special Prosecutor (OSP), has not withdrawn its request to the Chief Justice for the recusal and removal of his Lordship Justice Edward Twum from all cases pending before him involving the OSP.
The public is urged to disregard all reports to the…
— Office of the Special Prosecutor-Ghana (@ospghana) October 18, 2023
Background
Justice Edward Twum had previously ordered the OSP to release cash seized from the residence of the former Minister.
The OSP complied but on the same day seized the money once again and issued a fresh freezing order. Prosecutors then filed fresh court processes asking the High Court to confirm this new seizure and freeze order. This case was to be originally heard on October 18 but Madam Dapaah urged the court to have an expedited hearing explaining she was being subjected to embarrassment and hardship. This request was granted by Justice Twum as he adjourned proceedings to October 12.
Justice Twum on October 12 announced he had received a letter indicating that the OSP wants a new judge to handle the case. This did not sit well with lawyers for the former minister who registered their displeasure. Lead counsel Victoria Barth pointed out that the OSP did not even have the courtesy to show up in court. She further described the request as ill fated geared at frustrating Madam Dapaah.
“We see it as a deliberate ploy to frustrate this morning’s hearing and a desperate attempt to avoid his own ill-fated application and there shall be a day of reckoning. He says he’s the conscience of the nation he should, he should be above this”
The former minister has also been slapped with the charge of failing to comply with the lawful demand of an authorised office. The OSP has also made the same request to the Chief Justice. Ms Barth was once again not impressed. She added that her client was not even properly made aware of this case.
“This charge sheet, save from being casually handed to the accused persons by persons suspected to be from the OSP, was not properly served. Didn’t have summons or a return date,” she stated.
It’s unclear which specific issue concerns the OSP is raising against the Judge but 3 news sources believe it primarily has to do with the initial position taken by the judge not to confirm the freezing order.