The Office of the Special Prosecutor (OSP) has been ordered by the Accra High Court to release money seized from the residential properties of the former minister for Sanitation, Cecilia Dapaah, within seven days.
The court, presided over by Justice Edward Twum, ruled that the OSP misapplied its powers in the search conducted in the former minister’s Abelemkpe, Cantonments and Tesano residential properties.
According to the court, the OSP breached the conditions precedent, before seizing the former minister’s properties and that was even in paragraph 15 of the application.
Paragraph 15 of the application reads: “In pursuance of section 38 of Act 959, the deponent avers and confirms that the OSP is investigating the respondent for suspected corruption and corruption-related offences and that there are reasonable grounds to believe that the frozen properties are suspected tainted property and also that there are reasonable grounds to believe that a confiscation order shall be made under Act 959 in respect of the property.”
The court also ruled that the OSP failed to file the application within the seven days statutory requirement, therefore, the seizure order was filed out of time.
The OSP seized Madam Cecilia properties on July 24, and filed the application on August 8.
The Special Prosecutor realised cash of US$590,000 and GH¢2,730,000.00 at Cecilia Dapaah’s residences after the search.
The seizure of the former minister’s property was triggered by a criminal case involving cash of US$1 million, €300,000 and GH¢350,000.00 reported by The Chronicle to have been stolen from her home by two domestic workers.
The monies and personal effects of Madam Cecilia and her husband, Daniel Osei Kuffour, were allegedly stolen by 18-year-old Patience Botwe and 30-year-old Sarah Agyei between the months of July and October 2022.
Patient Botwe, first accused (A1) and Sarah Agyei (A2) are being tried together with six others for conspiracy, stealing and abetment at Accra Circuit.
The others are; Benjamin Sowa (A3), Malik Dauda (A4), Christiana Achab (A5), Job Pomary (A6), Yahaya Sumaila (A7) and Franklin Sarakpo (A8) at large.
They have pleaded not guilty to the charges and three of the accused persons – Sarah, Christina and Job Pomary have been granted bail.
Patience (hairdresser) and Sarah (unemployed) are facing one count of conspiracy to commit a crime, six counts of stealing US$800,000.00 and US$200,000.00 and €300,000.00 – all properties of the former minister.
Benjamin Sowa (Plumber) is charged with dishonestly receiving GH¢180,000.00 from his girlfriend Patience, although the money is a property of Cecilia Abena Dapaah.
Malik Dauda (unemployed) also dishonestly received GH¢100,000.00 from Sarah through Patience, his ex-girlfriend and another GH¢5,000.00 from the same channel.
Wife and husband, Christina (trader) and Job (mechanic) dishonestly received GH¢30,000.00 while Christiana, again with Yahaya, dishonestly received GH¢850,000.00.