Private legal practitioner Martin Kpebu has rebuffed the Attorney General’s (AG) advice to cease the money laundering investigation into former Sanitation Minister Cecilia Dapaah.
Kpebu argues that the AG’s guidance lacks legal foundation, describing it as “misleading and not legally supported.”
He disputes the AG’s assertion that a predicate offence is necessary for prosecuting Dapaah, deeming it incorrect. The Attorney General’s office advised the Economic and Organised Crime Office to refrain from pursuing money laundering inquiries against Dapaah.
This recommendation followed the Special Prosecutor’s Office’s determination that the discovery of over 1 million dollars at Dapaah’s residence fell outside its jurisdiction, suggesting instead that money laundering investigations be conducted.
Speaking on Citi TV’s The Big Issue, Kpebu emphasised that Dapaah’s failure to account for her wealth justified the AG’s intervention. He urged the AG to retract its directive to EOCO.
“The letter is a huge mistake, a faux pas. That was a wrong step because the letter is not grounded in law. The AG is insisting that you need a predicate offence before you can prosecute someone for money laundering; but that is not correct; it’s false. We have changed the law. There’s a new law for us in Ghana that says there’s no need for a predicate offence.
“Cecilia Dapaah cannot explain her source of money; if you take her to court, she’s guilty. The Attorney General’s letter is so bad that it has to be withdrawn. The AG has to be humble, we all don’t know it all. If the AG has gotten it wrong, he should just accept his mistake. He cannot win every case,” he told host Selorm Adonoo.
The Attorney General’s review also indicated no findings of corruption against Dapaah by the OSP.
However, the Attorney General’s stance is that money laundering charges hinge on profits from illegal activities.