Ghana and the United States of America (USA) are signatories to an international treaty that allows the two countries to be partners in investigating a crime, private legal practitioner, Bobby Banson, has said.
To that end, the collaboration of the Federal Bureau of Investigations (FBI) and the Office of the Special Prosecutor (OSP) in the matter of former Minister of Sanitation and Water Resources Cecilia Abena Dapaah.
The investigations, according to a note from the OSP will primarily focus on examining assets and financial transactions within the US.
In the note released by the OSP on Wednesday, October 11, this is “to ascertain the lawfulness of Ms. Dapaah and her associates’ wealth, both in the context of their funds transitioning from Ghana to the United States and vice versa”.
This is said to be a collaborative effort between the FBI and OSP.
Speaking on the Ghana Tonight show on TV3 Wednesday October 11, Mr Bobby Banson said “It is an issue of an international treaty that relates to mostly anti-money laundering cooperation’s and related financial crimes.
“There is an international treaty that Ghana is a signatory to that requires states that are signatories to that treaty, in this instance, Ghana and the United States, the security agencies will collaborate when there is evidence that money that is subject of investigation or proceeds from money laundering found its way into the other states.
“So, if, I in Ghana engage in money laundering activities and I use the funds to acquire properties in the United States it is possible the security agencies in Ghana will collaborate with security agencies in the United States, in this instance, the FBI to help them trace the assets and recover it and then bring them back to the host country for the benefit of the public. So yes it is in line with it.”
The FBI, OSP partnership came barely a day after lawyers of the former Sanitation Minister 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.
