Private legal practitioner Martin Kpebu has suggested that former Minister of Sanitation and Water Resources, Cecilia Abena Dapaah, may not recover her funds held by the Office of the Special Prosecutor (OSP), despite a recent High Court ruling.

Kpebu explained that numerous legislations grant the OSP authority to retain the money and maintain the freeze on her bank accounts. He shared these insights during a discussion with the media on Saturday, September 2.

In a development from last Thursday, the Financial Division of the Accra High Court, presided over by Justice Edward Twum, denied the OSP's request to confirm the freezing of Madam Abena Dapaah's bank accounts. Additionally, the court rejected an order for the seizure of her assets.

Justice Twum determined that there was no valid basis for seizing the property, as the OSP had incorrectly applied the law and lacked substantial grounds to freeze the suspect's bank accounts.

He deemed the OSP's actions to be speculative and influenced by public sentiment, suggesting inadequate investigative efforts.

Consequently, the court ordered the OSP to release the property and accounts within seven days.

However, Mr. Kpebu disagreed with the judge's decision to hold the OSP accountable for the seven-day period.

He explained that, in certain cases, even when the law specifies a time frame for filing a defense, the court may accept non-compliance and instead impose costs.

He stressed that the judge should have been aware of this principle.

Kpebu emphasized the courts' preference for enforceable orders and suggested that the OSP could employ various legal mechanisms to retain the funds.

He argued that Madam Dapaah might not regain access to the money, given the available legal tools at the OSP's disposal.

Currently, the OSP is in possession of $590,000 and GH¢2.73 million discovered during a search at Madam Abena Dapaah's residence in Abelemkpe.