A Governance and Leadership Expert, Professor Enoch Opoku Antwi, has alleged that the Special Prosecutor, Kissi Agyebeng, is being frustrated by the process of investigating former Minister Sanitation and Water Resources, Madam Cecilia Abena Dapaah.
Prof Antwi indicated that frustration may have played a role in the OSP’s decision to partner with the Federal Bureau of Investigations (FBI) of the United States, to investigate President Akufo-Addo’s former appointee, because some of the money under investigation was allegedly kept in the United States.
Regarding the FBI partnership, a note from the OSP said the investigations will primarily focus on examining assets and financial transactions within the US.
In the note released by the OSP on Wednesday, October 11, this is “to ascertain the lawfulness of Ms. Dapaah and her associates’ wealth, both in the context of their funds transitioning from Ghana to the United States and vice versa”.
Speaking on the Key Points on TV3 Saturday October 14, Prof Antwi said “If you sign up to an international treaty, it means that you are bound by that treaty.
“Because Ghana signed up to international treaties or these laws, we are bound by anti-money laundering laws. The US has [a law] that says I cannot fly with more than $10,000 on me, so if I get to the airport I have to declare the money that is on me. If I under-declare that it is $10,000 and they find out that it is 49,000 or more, that money will be seized. It appears that she [Cecilia Dapaah] sent some [money] abroad and they should look at that.
“To treat your facts with imagination is one thing and to imagine your facts is another thing, so are we imagining the facts of what is going on? The special prosecutor is being frustrated by this process.”
The FBI, OSP partnership came barely a day after lawyers of the former Sanitation Minister filed an affidavit at the Human Rights Division of the High Court, seeking an interlocutory injunction on investigations being conducted by Ghana’s OSP.
The former Bantama MP had described as “unfair, unreasonable, capricious, arbitrary and ultra vires” the re-seizure of her monies and re-freezing of her accounts and property.
“I am advised by Counsel and verily believe same to be true that to prevent further violation of my constitutionally guaranteed rights and rendering my application for judicial review, it is imperative that the Respondent is restrained from continuing his investigation pending the determination of my said application,” her affidavit in response to OSP’s suit prayed.
The OSP aside its suit in investigating corruption and corruption-related offences against Madam Cecilia Dapaah had charged her for failing to declare her income upon a lawful demand.
But, according to the OSP, she failed to do so after 30 days contrary to Section 69(1)(a) of the Office of the Special Prosecutor Act, 2017, Act 959.
“As at close of business on 5 October 2023, the Accused had willfully failed, without lawful excuse, to return the duly completed statutory forms to the Office of the Special Prosecutor, more than thirty (30) days after the service of the notice and forms to her.”