Lead counsel for embattled former Sanitation Minister Cecilia Abena Dapaah has expressed disappointment at what she describes as an ‘unethical behaviour’ by the Office of the Special Prosecutor (OSP) in the alleged corruption-related case against her client.
This follows the OSP’s petition to the Chief Justice to remove the sitting judge, Justice Edward Twum from the case.
At Thursday’s hearing, Justice Twum informed the court that he had received a letter by the OSP, addressed to the Chief Justice, Justice Gertrude Araba Sackey Torkornoo, asking for the judge to recuse himself from the case or be removed.
In view of the petition, Justice Twum adjourned the case to await the decision of the Chief Justice on the petition.
However, lawyer for Madam Cecilia Dapaah, Victoria Barth did not take kindly to the development.
She called out the OSP for not giving any prior complaint about the judge or his handling of the case.
Lawyer Victoria Barth stressed that the petition from the OSP was “a deliberate ploy to frustrate this morning’s hearing and a desperate attempt to avoid his own ill-fated application.”
“It is regrettable that this petition should come so late in the day when no prior invitation or complaint has been made regarding Your Lordship’s capacity, competence or integrity in dealing with this matter,” she added.
Again, the lead counsel for Cecilia Dapaah accused the OSP of not properly serving her client with the charge sheet.
According to her, “It did not have a summons or a return date, save in writing in blue ink 12th October, 2023. Nevertheless, accused and the counsel showed up in court this morning to deal with the ill-fated charge sheet.”
She was also unhappy with the absence of a lawyer or prosecutor “just because they have petitioned the Chief Justice in respect of the matter in which he had due notice and have even initiated.”
“As lawyers, we have an ethical duty to show respect to the court and to treat all persons we engage in the administration of justice fairly. The OSP is not above the law,” she added.
Meanwhile, the case has been adjourned to October 18.
Background
The court was expected to take the plea of Ms Dapaah in a case in which the OSP has accused her of failing to declare her assets during her time as a Minister.
Justice Twum is the judge who had presided over all the cases filed against the former Minister by the OSP.
On August 31, Justice Twum dismissed a motion by the OSP seeking to continue to freeze the accounts of Ms Dapaah.
It was the considered view of the court that the OSP could not provide any legal basis to freeze the account.
He held that the OSP was in doubt about the true ownership of the alleged tainted property found in Ms Dapaah’s house and also failed to convince the court that the alleged tainted property were used in connection with a crime.
“If he (OSP) is unsure as to ownership, how did he reach the conclusion that the property is tainted?” The presiding judge queried.
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