Here are the reasons why the High Court threw out the Special Prosecutor’s application to freeze Sir John’s assets
The High Court in Accra has defended its decision to dismiss an application by the Special Prosecutor seeking a confirmation order to probe the properties of the late Kwadwo Owusu Afriyie, popularly known as Sir John.
Contents of the late Sir John’s will stirred controversy when properties including lands in the Achimota Forest became public.
However, Special Prosecutor Kissi Agyabeng hit a snag when his application to freeze the assets of the late politician while investigations proceed was thrown out by the Financial and Economic Court.
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.
Justice Asare-Botwe’s 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 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.”
