Martin Amidu has criticized former Auditor General Daniel Yao Domelevo, lawyer Martin Kpebu, and other prominent Ghanaians for petitioning Parliament to conduct a bipartisan probe into the Economic and Organised Crime Office’s (EOCO) handling of the investigation of former Sanitation Minister Cecilia Dapaah, calling their efforts futile.
The petitioning group, which includes security analyst Dr. Adam Bonaa, academic Professor Ransford Gyampo, and over 100 other Ghanaians, argued that EOCO had grounds to investigate the former Minister for money laundering but failed to pursue the case.
In a statement copied to GhanaWeb, former Special Prosecutor Martin Amidu stated that EOCO’s decision to close the case against Dapaah cannot be overturned, as it was directed by the Office of the Attorney General.
Amidu explained that Parliament lacks the authority to investigate the Attorney General’s responsibilities, emphasizing that the investigatory and prosecutorial discretion of the Attorney General is not subject to judicial review.
Amidu’s statement, dated May 23, 2024, reads in part, “The petitioners to Parliament, most of whom are known activists and spokespersons for Kissi Agyebeng and the NDC, know that it is trite learning that the investigatory and prosecutorial discretion of the Attorney-General is not subject to review by the courts of law. The EOCO is subject to the authority and directions of the Attorney-General under Act 804.
“The Executive Director of the EOCO cannot, therefore, refuse to comply with the advice of the Attorney General or the Director of Public Prosecutions. Certainly, Parliament has no power to investigate the exercise of investigatory and prosecutorial discretion by the Attorney-General under the entrenched Article 88 of the 1992 Constitution.”
Mr Amidu, a former Attorney General and Minister for Justice, suggested that Parliament’s involvement in this matter would only serve political interests if the Speaker of Parliament, Alban Bagbin, and the Minority Caucus choose to exploit it.
Therefore, Amidu concluded that the petition to Parliament, inspired by Kissi Agyebeng, to investigate EOCO’s failure to pursue non-existent money laundering allegations against Cecilia Dapaah is futile, unless the NDC Speaker of Parliament uses it for political gain.
He also criticized Special Prosecutor Kissi Agyebeng for violating several provisions of the 1992 Constitution during his investigation of the former minister.
The Office of the Special Prosecutor (OSP) closed its case against the former minister and her husband, Daniel Osei Kufuor, who were accused of corruption and corruption-related offences after two of their house helps allegedly stole $1 million and €300,000 in cash, along with other valuable items from their residence in Abelemkpe.
The Special Prosecutor, Kissi Agyebeng, concluded that his office lacked the authority to prosecute or take further action against the former minister and referred the case to EOCO.
The referral was based on the suspicion that the large sums of money found at Cecilia Dapaah’s properties and bank accounts could be the proceeds of a money laundering and structuring scheme.
However, EOCO returned the dockets on the case following advice by the Office of the Attorney General that “The OSP’s referral to EOCO for investigations into money laundering is without basis.”
Attorney General Godfred Dame also said that there was no evidence of corruption or procurement breaches against the former Minister of Sanitation and Water Resources and her husband.
Read Amidu’s full statement below:
What has become of the Citizen Vigilante and anti corruption crusader? Defending Cecilia Dapaah a clear case of illegal accumulation of wealth at the expense of Ghanaians!
When “Saul”s are becoming” Paul”s some “Paul”s are becoming” Saul”s! Wonders will never end