The High Court in Accra will, on Thursday, August 31, this year, deliver its ruling on whether or not the Special Prosecutor should continue freezing the bank accounts of former Minister of Sanitation and Water Resources, Cecilia Dapaah.
The court presided over by Justice Edward Twum, fixed the date after Dr Isidore Tuffour, who represented the Office of the Special Prosecutor (OSP), moved the application in Court today.
Counsel argued that the confirmation application by the office of the special prosecutor was aimed at seizing $590,000 and GH¢ 2,730,000 found in her home upon a search of three houses associated with her.
Dr Tuffour revealed that Cecilia Dapaah could not explain how she came by the funds and the ownership of the alleged stolen monies is in dispute.
He argued that there was no requirement for them to show grounds for suspicion that the accounts were tainted.
Opposition
But Counsel for Cecilia Dapaah, Victoria Barth, on the other hand, argued that the application for confirmation contravened the procedure outlined in the Special Prosecutor Act, 2017 (Act 959).
She contended that section 32(2) of Act 959 mandated the office to bring the application for confirmation within seven days after the seizure.
She argued that the application was filed after seven days had elapsed.
Ms Barth further argued that the fact that substantial amounts were found in the home of her clients does not justify the seizure of the property.
Counsel argued that the mere fact that their client was being investigated for corruption was not enough grounds for her accounts to be frozen.
According to her, the Special Prosecutor Act requires the applicant to demonstrate reasonable grounds for believing that the property is tainted and not just a mere assertion of the fact.
In her view, the OSP had not shown any grounds to prove that the monies found were tainted.
Husband
Before fixing the date, the presiding judge asked why Cecilia Dapaah was the only person being investigated when the alleged tainted money was found in her matrimonial home.
In his response, Dr Tuffour told the court that Cecilia Dapaah’s husband had also been placed under arrest.
Background
On July 5, this year, police prosecutors arraigned two househelps working for Ms Dapaah and her husband, Daniel Osei Kuffour, at an Accra Circuit Court for allegedly stealing money and items worth millions of Ghana cedis from the couple’s residence at Abelemkpe in Accra.
According to the charge sheet, the accused persons allegedly stole valuable items from the residence of Mrs Dapaah, including $1,000,000 and €300,000 belonging to the couple.
The OSP arrested the minister and commenced investigations into the matter.
In the application filed at the High Court, the OSP noted that Ms Dapaah stated in her initial complaint to the police that $800,000 of the amount reportedly stolen from her residence belonged to her deceased brother and GH¢300,000 was a contribution towards her mother’s funeral, which was contained in a box.
The OSP added that Ms Dapaah, who later resigned, did not indicate who owned the remainder of $200,000.
After several media publications, Ms Dapaah issued a public statement claiming that there were noticeable inconsistencies between the amounts of money being discussed in the public domain and the thrust of the original complaint in the matter.
On July 22, this year, Mrs Dapaah resigned from her position as Minister of Sanitation and Water Resources, which was subsequently accepted by the President.
On July 24, this year, the OSP arrested her on charges of corruption and corruption-related offences and subsequently conducted searches in three residential properties of Ms Dapaah at Cantonments, Abelemkpe and Tesano in Accra, leading to the new cash discoveries.
According to court documents, the OSP seized the discovered cash sums on grounds that they were suspected to be tainted property in accordance with section 32(1) of Act 959, hence the need to exercise the power of seizure to prevent concealment of the cash sums.
Circuit Court
Meanwhile, the father of one of the lead suspects has been freed.
Kwaku Botwe became a free man after police prosecutors filed a fresh charge sheet at the Circuit Court which excluded his name.
Botwe is the father of Patience Botwe, a former househelp of Ms Dapaah.
In the new charge sheet, Sarah Agyei and Patience Botwe have been charged with six counts of stealing, while Benjamin Sowah, Malik Dauda, Christiana Achab, Job Pomary and Yahaya Sumaila have been charged with dishonestly receiving stolen money.
Agyei and Achab, both lactating mothers, have been admitted to bail in the sum of GH¢1 million each, with three sureties to be justified by the court presided over by Afia Owusuaa Appiah.
Per the bail conditions, the sureties are to deposit their passports and Ghana cards at the court registry.
The prosecutor, Deputy Superintendent of Police (DSP) Emmanuel Nyamekye, told the court that investigations were ongoing.
Meanwhile, another suspect, Franklin Sarakpo, is currently on the run.
Hearing at the Circuit Court has been adjourned to Tuesday, August 22, this year.