Confusion over state of OSP’s petition to Chief Justice halts hearing
Confusion over the state of the Office of the Special Prosecutor (OSP’s) petition to the Chief Justice Wednesday halted hearing of the related cases before an Accra High Court.
When the court presided over by Justice Edward Twum resumed sitting, he said: “I have been informed that the petition had been withdrawn.”
This meant that the trial judge could go ahead to hear the two cases before him.
The judge’s response came after Ms Victoria Barth, counsel for ex- Minister Cecilia Dapaah wanted the court to confirm whether the petition to the Chief Justice asking him (the Judge) to recuse himself had been determined.
The parties in the case, therefore, went ahead to make various arguments before the court.
However, in the middle of the arguments, Dr Isidore Tuffour, counsel representing the OSP, alerted the court that the petition was still in force.
After some engagements with the lawyers, the trial judge said: “Counsel for OSP said the petition has not been officially withdrawn. Suit is adjourned awaiting the Chief Justice’s directions.”
The case was adjourned to October 25, 2023.
Meanwhile, lawyers of Mrs Dapaah have challenged the legal basis on which the OSP hauled her before the court for allegedly failing to submit her Form 11 B.
According to Mrs Dapaah’s lawyers, the OSP ought to be given a fiat from the Office of the Attorney General to prosecute their client in respect of corruption and corruption related offence.
“Look at the charge sheet, the OSP does not have the mandate to prosecute…He has not produced the authorisation to prosecute this offence.
“Evidence of authorisation of the AG cannot be inferred from Section 4(2) of OSP Act 2017, Act 959…”
According to her, the OSP could prosecute subject to the authorisation of the AG.
Ms Barth said “moreover on August 3, 2023, the accused person did submit Form 11B, which is the only form given to her on July 24, 2023”.
Counsel for Mrs. Dapaah said they had been informed that the OSP had filed an order of certiorari seeking to quash the ruling of the High Court on October 11, 2023, at the Supreme Court.
She drew the court’s attention to alleged numerous press releases by the OSP, which sought to prejudice the mind of the public.
Dr Tuffour, who represented the OSP, took exception to the comments and assumptions made by Mrs. Dapaah’s lawyers, saying those comments and assumptions sought to attack the OSP in person.
“The facts before this court this morning is largely unfounded, a clear attempt to stoke prejudice against the applicant (OSP) in respect of this motion for confirmation.”
Dr Tuffour explained that the application for certiorari was grounded on certain aspects of the Court’s October 11, 2023, ruling.
The High Court had fixed October 12, 2023, to take the plea of Mrs. Dapaah in the case in which the OSP had accused her of failing to declare her assets when he was a Minister.
Additionally, the same court was to hear the second attempt of the OSP application to freeze the accounts and assets of the former Minister.
However, due to the confusion over the state of petition of the OSP, the court adjourned the matter to October 25, 2023.
The OSP has however issued a statement clarifying that it has not withdrawn its application to the Chief Justice, urging the public to disregard all reports to the contrary.
Source: GNA