The Office of the Special Prosecutor (OSP) has referred the case involving embattled former Sanitation Minister, Cecilia Dapaah to the Economic and Organised Crime Office (EOCO).
The OSP clarified that prosecuting matters related to the investigation is beyond its mandate, as that falls solely within the jurisdiction of EOCO.
This was after the Financial and Economic Crimes Division of the Accra High Court ordered the office to return Madam Dapaah’s seized funds to her within 72 hours.
Special Prosecutor, Kissi Agyebeng announced this at a press conference in Accra Thursday.
This follows an extensive seven-month investigation by the OSP, alongside a parallel inquiry conducted by the United States Federal Bureau of Investigation (FBI).
“The investigation has identified strong indications of suspected money laundering and structuring. While the OSP acknowledges these suspected offences, they do not fall directly within the mandate of the Office. By law, the office cannot investigate, prosecute nor recover proceeds of crime except those that fall within corruption and corruption-related offences as defined under section 79 of the Office of the Special Prosecutor Act, 2017 (Act 959).”
“In compliance with section 3 of Act 959, which mandates the OSP to cooperate and coordinate with other law enforcement agencies, the case has been transferred to EOCO for further investigation,” it said in the statement.
It has thus withdrawn the application to formalise the seizure and freezing of Cecilia Dapaah’s funds and bank accounts. Additionally, the office has abandoned the criminal trial initiated against the former sanitation minister for non-declaration of assets.
This move follows a series of in-chamber hearings on the matter.
For several months, the Special Prosecutor has held funds seized during the investigation of Cecilia Dapaah in its custody.
The office froze certain bank accounts of Cecilia Dapaah over alleged involvement in corruption and corruption-related activities. Cecilia Dapaah has persisted in her denial of the accusations.
Initially, an appeal at the Court of Appeal and a certiorari application on a decision to expedite the hearing time hindered the process.
Subsequently, the original judge took leave, necessitating the appointment of a new judge for the case.
Background
Two house helps who worked for Cecilia Abena Dapaah and her husband, Daniel Osei Kuffour are facing charges for allegedly stealing monies and items worth millions of cedis from the couple’s residence at Abelemkpe in Accra.
The main accused individuals, 18-year-old Patience Botwe and 30-year-old Sarah Agyei have been charged with conspiracy to commit crime and five counts of stealing.
The alleged thefts occurred between July and October 2022.
During this period, the house helps allegedly stole personal effects belonging to Madam Cecilia Abena Dapaah, including assorted clothes valued at GH¢95,000, handbags, perfumes, and jewellery worth US$95,000.
Additionally, Ms Botwe is accused of stealing six pieces of Kente cloth worth GH¢90,000 and six sets of men’s suits valued at US$3,000, which belong to the minister’s husband.
Furthermore, three other individuals, identified as Ms Botwe’s current and former boyfriends and her father, are also facing charges for allegedly being involved in the crime. They have been respectively charged with dishonestly receiving GH¢1 million, GH¢180,000, and GH¢50,000.
According to court proceedings, the stolen monies and items belonged to Madam Cecilia Abena Dapaah and her husband, taken from their bedroom in their residence.
The accused individuals were arraigned before an Accra Circuit Court, presided over by Susana Ekuful, on Thursday, July 20, 2023. However, their pleas have not been taken yet.
The court granted bail to Sarah Agyei in the sum of GH¢1 million with two sureties. The sureties are required to deposit their Ghana cards with the court’s registrar. The bail conditions are subject to review by the substantive judge, as Susana Ekuful was serving as a relief judge.
On the other hand, Ms Botwe, along with her alleged boyfriends and father, have been remanded into lawful custody.
The complainants reported the theft case to the police in June 2023 after discovering the missing cash and personal effects.
Ms Botwe was caught red-handed entering the couple’s room with a duplicate key, leading to her arrest.
Further investigations revealed that Patience, with the help of her alleged accomplice Sarah, had hidden the stolen money and used it to purchase properties and expensive items.
This information got Ghanaians talking with many asking CHRAJ, the OSP and the Ghana Police Service to investigate the source of the money.
Subsequently, the Special Prosecutor announced that his office was investigating the matter, starting with the arrest of Madam Cecilia Dapaah.