- A high court has denied a request by the Special Prosecutor to confirm a directive to freeze the assets of Sir John.
- Kissi Agyebeng wanted the assets frozen to investigate claims the late NPP big wig illegally acquired protected lands in the Achimota Forest enclave and the Sakumono Ramsar site.
- But Justice Afia Serwaa Asare Botwe dismissed the application, a move the Special Prosecutor says he finds strange.
An Accra High Court has thrown out a request by Special Prosecutor Kissi Agyebeng for an order to confirm his directive to freeze the assets of the late Kwadwo Owusu Afriyie, aka Sir John.
Mr Agyebeng directed the freezing of the assets to facilitate a probe into allegations that Sir John acquired protected lands in the Achimota Forest enclave and the Sakumono Ramsar site.
The Special Prosecutor, therefore, applied to the High Court for a confirmation of the freezing order.
However, according to Special Prosecutor, on July 12, 2022, the High Court, presided over by Justice Afia Serwaa Asare Botwe, dismissed the application.
“The judge, with respect, totally misapprehended the application for confirmation of the freezing order and misdirected herself by characterising the application as that of a confiscation order, which regimes are governed by different considerations,” the Mr Agyebeng lamented in a press release.
He said the regime for an application for confirmation of a freezing order is designed to facilitate an investigation or a prosecution to avoid dissipation of the property in question. In contrast, a confiscation order is designed to deprive the owner of the property permanently.
“The Special Prosecutor asked for the freezing order to be confirmed to facilitate the investigation into the circumstances of the purported acquisition by the deceased of protected lands in the Achimota Forest enclave and the Sakumono Ramsar site. The Special Prosecutor did not apply for confiscation of the estate of the deceased,” he stressed.
The Special Prosecutor has disclosed that he has directed that an appeal be filed against the ruling of Justice Asare Botwe.
Below is the press release published on the Facebook page of the Office of the Special Prosecutor.
His vast Achimota Forest lands have dominated discussions because the will was leaked at a time when Nana Akufo-Addo’s government has been accused on social media of using an Executive Instrument to sell off large parts of the forest lands for commercial development.
