Lawyer Kpebu explains the law backing OSP's arrest of Cecilia Dapaah and the possible consequences

Renowned private legal practitioner, Martin Kpebu, has explained some of the legal implications of the arrest of the former Minister for Sanitation and Water Resource, Cecilia Dapaah.

Cecilia Dapaah resigned after court documents indicated that the minister and her family lost US$1 million, €300,000, and millions of Ghana Cedis in cash; assorted clothes valued at GH¢95,000 and handbags, perfumes, and jewellery valued at US$95,000, during the robbery.

She was arrested by the Office of the Special Prosecutor (OSP) hours after her resignation with the OSP citing suspected corruption and corruption-related offences regarding the huge amounts of money and other valuable items reportedly stolen from her residence by two house helps in 2022.

In an interview with GhanaWeb, lawyer Martin Kpebu said that the arrest of Cecilia Dapaah by the OSP and the subsequent search of her properties is necessary to get to the bottom of the matter.

According to him, the action being taken against the immediate past sanitation minister is in line with Article 286 (4) which states that “any property or assets acquired by a public officer after the initial declaration required by clause (1) of this article and which is not reasonably attributable to income, gift, loan, inheritance or any other reasonable source shall be deemed to have been acquired in contravention of this Constitution.”

“Article 286 (4), that is where it is stated that if you have a property that can’t be attributed to inheritance or loan then it has been unlawfully acquired and would be confiscated. So, that is the law and that is what the OSP would be using,” he explained.

The lawyer also explained that the laws establishing the OSP also allow it to investigate person it suspect have acquired wealth illegally under the lifestyle audit report.

“If you go to the OSP’s law, the LI2374, the regulation 20 also says that the OSP can ask the suspect to list all the assets and everything that the suspect owns – that is what they called the live style audit.

“So, the constitution is very clear, that if you have property that you cannot justify, that property would be confiscated,” he added.

Under the LI2374 persons convicted for failing to declare the sources of their property or income are liable to a jail term of not below two years and not more than four years or a fine of not less than five hundred penalty units or both.

BAI/OGB

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