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In a development reported on October 25, 2023, Chief Justice Gertrude Torkornoo has declined a petition from the Office of the Special Prosecutor (OSP) to have the presiding judge handling the case of former Minister of Sanitation and Water Resources, Cecilia Abena Dapaah, replaced.
This information was made public by the OSP on Wednesday, October 25.
According to the OSP’s announcement, “By a letter dated 25 October 2023, the Judicial Secretary informed The Special Prosecutor that the Chief Justice is unable to grant the Office of the Special Prosecutor’s (OSP) request for his lordship Justice Edward Twum to be recused and removed from all cases involving the OSP pending before him.”
Previously, Justice Edward Twum had ordered the OSP to release cash that had been seized from the residence of the former Minister. However, the OSP later re-seized the money on the same day and issued a new freezing order. Subsequently, prosecutors initiated fresh court proceedings, seeking the High Court’s confirmation of this new seizure and freeze order. The case was originally scheduled for October 18, but Madam Dapaah requested an expedited hearing, citing embarrassment and hardship. Justice Twum granted this request and adjourned proceedings to October 12.
On October 12, Justice Twum announced that he had received a letter indicating that the OSP wished to have a new judge handle the case. This decision was met with dissatisfaction from the former minister’s legal team. Lead counsel Victoria Barth expressed their displeasure and highlighted that the OSP had not even attended the court hearing. She further characterized the request as a deliberate effort to frustrate Madam Dapaah.
“We see it as a deliberate ploy to frustrate this morning’s hearing and a desperate attempt to avoid his own ill-fated application, and there shall be a day of reckoning. He says he’s the conscience of the nation; he should be above this,” remarked Ms. Barth.
Additionally, the former minister faces a charge of failing to comply with the lawful demand of an authorized officer, and the OSP has made the same request to the Chief Justice. Ms. Barth expressed further dissatisfaction, noting that her client was not properly informed about this case.
“This charge sheet, apart from being informally handed to the accused persons by individuals suspected to be from the OSP, was not correctly served, lacking proper summons or a return date,” she stated.
The exact nature of the OSP’s concerns regarding the judge remains unclear, but according to three news sources, it appears to be primarily related to the judge’s initial decision not to confirm the freezing order.
