OSP move for a new judge: Is the Judiciary ready to be part of fight against corruption or not? – Bright Simons

Vice President of Imani Africa, Bright Simons, says anti-corruption activists are watching closely the development in court pertaining to the move by the Office of the Special Prosecutor (OSP) to change the trial judge, Justice Edward Twum, in the case involving former Minister of Sanitation and Water Resources Cecilia Abena Dapaah.

This was after the OSP petitioned the Chief Justice to select a new judge for the hearing.

The current judge had previously ordered the OSP to release cash seized from the residence of the former Minister.

“The OSP has requested the Chief Justice to recuse and remove His Lordship Justice Edward Twum from all cases involving the OSP pending before him.

“The request is grounded on the OSP’s well-founded belief that Justice Edward Twum appears to be highly prejudiced against the OSP and the person of the Special Prosecutor.

“Consequently, as it stands, the OSP would not and cannot be reasonably expected to be parties to proceedings before the said judge,” the Special said on Thursday, October 12.

Commenting on this in a tweet, Mr Borhgt Simons said “Being watched very closely by anti-corruption activists in Ghana and overseas.

“Is the Judiciary in Ghana ready to be part of the fight against corruption, or not? Does it want to be used to shield powerful politicians in the push for accountability, or not?”

Earlier, lawyers of Madam Dapaah filed an affidavit at the Human Rights Division of the High Court, seeking an interlocutory injunction on investigations being conducted by Ghana’s OSP.

The former Bantama MP had described as “unfair, unreasonable, capricious, arbitrary and ultra vires” the re-seizure of her monies and re-freezing of her accounts and property.

“I am advised by Counsel and verily believe same to be true that to prevent further violation of my constitutionally guaranteed rights and rendering my application for judicial review otiose, it is imperative that the Respondent is restrained from continuing his investigation pending the determination of my said application,” her affidavit in response to OSP’s suit prayed.

The OSP aside its suit in investigating corruption and corruption-related offences against Madam Cecilia Dapaah had charged her for failing to declare her income upon a lawful demand.

But, according to the OSP, she failed to do so after 30 days contrary to Section 69(1)(a) of the Office of the Special Prosecutor Act, 2017, Act 959.

“As at close of business on 5 October 2023, the Accused had willfully failed, without lawful excuse, to return the duly completed statutory forms to the Office of the Special Prosecutor, more than thirty (30) days after the service of the notice and forms to her.”

The former minister is expected to file a response to this charge.