Decisions that will be taken by the court in the ongoing case against former Minister of Sanitation and Water Resources, Madam Cecilia Abena Dapaah will guide the future conduct of the Office of the Special Prosecutor (OSP), private legal practitioner, Bobby Banson has said.
Bobby Banson indicated that the OSP may get it right or wrong in how it is handling the case but the court will make determinations that will serve as precedents.
Speaking on the Key Points on TV3 Saturday October 14, he said “There are several interesting twists to this matter but for me, I am interested in how there will be efforts to support the OSP.
“If the OSP is going out of its jurisdiction I am sure [people will raise it], if they are going within their jurisdiction they must receive some level of support because it is a very difficult office, we know the first [special prosecutor] and how it ended up.
“This current Special Prosecutor will not be perfect, he is trying, he may find it wrong, he may find it right, but at least, let us allow him to explore the legal angles or the legal possibilities.
“Whatever decisions would come out from the court will be precedents that will guide future conduct by the OSP office. So I am all-in for all the applications filed by Madam Cecilia Dapaah’s lawyers and I am all-in for the steps that have been taken by the OSP because this is the first time we have an OSP and so the decisions by the court will guide the future conduct of the OSP office.
“It is not strange for human rights courts to make pronouncements that will change the criminal procedure or how things are done.”
Lawyers of Madam Dapaah 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 otiose, 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.”
The OSP subsequently, petitioned the Chief Justice to select a new judge for the hearing.
The current judge had previously ordered the OSP to release cash seized from the residence of the former Minister.
“The OSP has requested the Chief Justice to recuse and remove His Lordship Justice Edward Twum from all cases involving the OSP pending before him.
“The request is grounded on the OSP’s well-founded belief that Justice Edward Twum appears to be highly prejudiced against the OSP and the person of the Special Prosecutor.
“Consequently, as it stands, the OSP would not and cannot be reasonably expected to be parties to proceedings before the said judge,” the Special said on Thursday, October 12.