High Court dismisses Special Prosecutor’s request to keep Sir John’s assets frozen

An Accra High Court has dismissed a request by the Special Prosecutor, Kissi Agyabeng, to extend his power to freeze the assets of the late CEO of Forestry Commission, Kwadwo Owusu Afriyie, also known as Sir John.

The Special Prosecutor announced that the assets of the former Chief Executive of the Forestry Commission, Sir John, have been frozen pending investigations into allegations of unlawful acquisition of state lands.

The OSP stated that it was investigating suspected corruption and corruption-related offences including the alleged improper and unlawful acquisition of state property at the Achimota Forest enclave and the Ramsar catchment at Sakumono in Accra, as stated in late Sir John’s will.

The investigation follows a petition by Corruption Watch, a coalition of anti-corruption civil society organisations, including the Ghana Integrity Initiative (GII), the Ghana Anti-Corruption Coalition (GACC), the Africa Centre for International Law and Accountability (ACILA) requesting the Special Prosecutor to investigate the acquisition of state lands in the Achimota Forest and the Ramsar area in Sakumono by three companies and two individuals as captured in the Last Will and Testament of Sir John.

The companies are Jakaypros Limited, Fasoh Limited and DML Limited, while the individuals are Charles Owusu and Sir John.

The Special Prosecutor then filed processes in court to extend this order.

According to a Myjoyonline.com report, “Section 38 of the Office of the Special Prosecutor Act , Act 959, empowers the Special Prosecutor to direct the freezing of assets if he holds the view that it is necessary for investigations. He is then required to apply to a court within fourteen days for a confirmation of the freezing order.”

It was based on this that the SP headed to court but the High Court however took the view that the Special Prosecutor should have initiated the process under Section 54 of the Act.

This provision deals with the procedure where a person dies or absconds. This empowers the SP to make a request for confiscation of such property.