Cecilia Dapaah: OSP being turned into an inquisitorial institution - Martin Amidu 'fires'

Former Special Prosecutor Martin A. B. K. Amidu has said the Office of the Special Prosecutor (OSP) is gradually being turned by Mr. Kissi Agyebeng, the Special Prosecutor, into an inquisitorial institution and not the anti-corruption law enforcement and prosecutorial office envisaged under sections 2 and 3 of the Office of the Special Prosecutor Act, 2017 (Act 959).

The further press release issued by the Special Prosecutor dated 5th September, 2023 titled: “Cecilia Abena Dapaah” allegedly freezing her bank accounts and investments again gives grave concern and indicates the inquisitorial approach to law enforcement which is becoming an unconstitutional hallmark of Mr. Kissi Agyebeng’s OSP according to Martin Amidu.

He said the Special Prosecutor is not empowered under the provisions of sections 2 and 3 of Act 959 to invoke his statutory power under section 38(1) of Act 959 and regulation 19(1) of L.I. 2374 by directing the freezing of the bank accounts and investments of Ms. Dapaah effective 5th September, 2023 without first satisfying the conditions precedent under sections 2 (a) and 3 (a) (b) and (c) of Act 959.

"The OSP has to do this by establishing first and foremost that there exists verifiable facts grounding a reasonable suspicion that the assets and bank accounts of any citizen or suspect, such as Cecilia Dapaah, were the fruits of one of the eleven corruption offences specified in section 79 of Act 959," he stated.

"After abusing the guaranteed rights of Cecilia Dapaah under Act 959 and Article 14 on the rights of an arrested person to be informed of the offence for which he or she is arrested, and Article 19 on the presumption of innocence and fair trial under the 1992 Constitution, Kissi Agyebeng is by his press release dated 5th September 2023 seeking a second bite at the cherry," he added.