The High Court in Accra has has justified its decision to dismiss an application by the Special Prosecutor seeking a confirmation order to investigate properties of the late Kwadwo Owusu Afriyie, popular known as Sir John.
The Will of the late Sir John stirred controversy when its content including lands in the Achimota forest became public.
However, an attempt by the Special Prosecutor Kissi Agyabeng to conduct investigation and possible freeze the use of the properties while investigations proceed was turned down.
It was the ruling of the Financial and Economic Court presided over by Justice Afia Serwah Asare-Botwe that the applicant (SP) cannot succeed by virtue of the fact that, “no warrant was issued for the arrest of the late Sir John before his death.”
“To conclude then on this limb, it is held that an investigation and everything ancillary to it, including confiscation and forfeiture of assets where appropriate, can survive the demise of a person alleged to have been involved in corruption or corruption-related offences,” Justice Asare-Botwe noted in her 22-paged ruling released on July 14, 2022 two days after the court decision on July 12.
The Court said, “The one condition for the grant of such an application which is however absent here, is that no warrant was issued for the arrest of the late Sir John before his death.
“That one condition not being met is the bane of the case of the Applicant.
“The Applicant states that it was after the death of the late Sir John, and the matters of his Will came into the public domain that the Office commenced the investigation and the instant application.
“The Applicant says nothing about there having been a pending investigation or warrant for the arrest of the late Sir John for corruption or corruption-related offences before he passed on.
“The Applicant is also, for the sake of future conduct of cases encouraged to pay attention to the matters of notices being given to any likely holders of third-party interest. In this case, for instance, notice ought to have been given to the person named as Ruth Korkor Odonkor, who is alleged to have had an account in her name for the benefit of the late Sir John. In the same vein, the directors of the companies named in the Will ought to have been ascertained and notified of this application.
“The application is accordingly refused as same does not meet the threshold of there having been a pending charge against, or warrant for the arrest of the late Kwadwo Owusu Afriyie alias Sir John before his demise.”
Below is the full ruling of the court delivered on July 12
Source: Ghana/Starrfm.com.gh/Murtala Inusah