Private legal practitioner Martin Kpebu and University of Ghana Professor Ransford Gyampo have jointly sued the Attorney-General (A-G) and the Economic and Organised Crime Office (EOCO) over the handling of the case involving former Minister of Sanitation and Water Resources, Cecilia Abena Dapaah.
This legal action arises from disagreements with the advice given by the A-G to EOCO, advising against investigating money laundering allegations related to the former minister.
Martin Kpebu announced the suit during an appearance on TV3’s “Key Points” on Saturday, July 20. He expressed their dissatisfaction with the A-G’s advice to EOCO not to pursue an investigation into the matter.
“We have sued, the advice by the A-G, we are challenging the A-G in court. We filed the writ a week ago. There are several cases coming up. We have sued EOCO and A-G. Which law says that you must find a predicate offence?” Kpebu questioned.
Kpebu further elaborated that establishing a predicate offence is not necessary before charging an individual with money laundering.
A predicate offence is an illegal activity that forms the basis for another crime. For instance, in money laundering, tax evasion can be considered a predicate offence as the illicit proceeds from tax evasion would be laundered.
He emphasized that failing to disclose the source of income should be sufficient grounds for a money laundering charge. “If one failed to disclose the source of the income, it was enough to charge the person with money laundering,” Kpebu stated.
The lawsuit challenges the A-G’s advice to EOCO, which stemmed from a request for guidance on the matter.
The Attorney-General’s office, in a letter dated April 25, 2024, and copied to EOCO, noted that the Office of the Special Prosecutor (OSP) had not submitted its report on a collaborative investigation to EOCO. Additionally, the OSP had not responded to EOCO’s request for its findings.
According to the Attorney-General’s office, the docket presented to EOCO only contained the OSP’s letter transmitting the docket, the diary of action, statements taken during the investigation, and letters written by the OSP to other institutions such as the Criminal Investigations Department (CID) and banks for inquiries.
Kpebu and Gyampo’s lawsuit seeks to challenge the A-G’s directive, arguing that the absence of a predicate offence should not prevent an investigation into potential money laundering activities.
This case is expected to bring further scrutiny to the processes and decisions made by both the Attorney-General’s office and EOCO regarding high-profile investigations.