The former Special Prosecutor, Mr. Martin Amidu, has accused the incumbent Special Prosecutor, Mr. Kissi Agyabeng, of conning the public by purporting to defreeze bank accounts and assets in an application on Madam Dapaah’s case pending before the court.
According to Mr Amidu, he was shocked by the news that indicated that Mr. Kissi Agyabeng was continuing the case in the “public” rather than in the court.
Mr. Amidu believes the Special Prosecutor is assuming powers he does not have.
“I could not believe my eyes when I read on Ghana Web the Special Prosecutor’s attempt to con the media and the public by assuming the power to de-freeze five (5) bank accounts out of several bank accounts contained in his application pending in the High Court (Financial and Economic Crime Division 2) in the Special Prosecutor v Cecilia Abena Dapaah filed on 11 September 2023 for an order or orders confirming his administrative freezing of named bank accounts in addition to other reliefs.
“The Respondents filed their affidavit in opposition on 5 October 2023. I was, therefore, amazed to notice that the Special Prosecutor was continuing his trial of Cecilia Abena Dapaah in the court of public opinion by again publishing for media and public consumption and deception that: “On 16 October 2023 the Special Prosecutor revoked the freezing order in respect of the eliminated five (5) bank accounts of Ms. Dapaah. The freezing order is still in force and effect in respect of the other bank accounts and financial assets of Ms. Dapaah.”Martin Amidu
According to Martin Amidu, the Special prosecutor’s petition to the chief justice on 12 October was a deliberate effort to abort the hearing of the case. He argued that since the matters were already in court the appropriate thing to do was for the special prosecutor to was to apply to the court to order the de-freezing of those five (5) bank accounts and to order the hearing on the remaining bank accounts to continue.
“The issue of whether the frozen bank accounts should or should not be de-frozen has also become sub judice before the High Court. The proper procedure for the Special Prosecutor to have followed to have the five (5) bank accounts de-frozen at this stage of the proceedings was to apply to the court to order the de-freezing of those five (5) bank accounts and to order the hearing on the remaining bank accounts to continue. ..The motives of the Special Prosecutor for petitioning the Chief Justice that aborted the 12 October 2023 court hearing are now open to legitimate speculation by rational citizens in light of the 16 October 2023 developments under discussion.
“Kissi Agyabeng is running away with his tail between his legs from the adversarial process of the High Court even in matters which are sub judice. The proper forum for a competent and experienced Special Prosecutor to state why the five (5) bank accounts should be defrozen when the matter is already in court, is before the High Court and not in the media to con the unsuspecting public.”Martin Amidu
He urged the lawyers of Madam Cecilia Abena Dapaah to pursue the abuse of the processes of the court by the Special Prosecutor after the substantive case had been heard.
“Cecilia Abena Dapaah’s lawyers should pursue the abuse of the process of the court entailed in the Special Prosecutor’s conduct to hold him accountable in open court after the petition has been dealt with by the Chief Justice’s directives and the substantive case filed on 11 September 2023 comes on for hearing.”Martin Amidu
He urged the Special Prosecutor, Mr. Kissi Agyebeng, to recognize that “the public office of Special Prosecutor is not akin to his former status as counsel for the anti-corruption entrepreneurial Tiger Eye PI where no law governs its operations.”