…Aside stolen millions of Cedis, US$1 million, €300,000 and British pounds.
The Office of the Special Prosecutor (OSP) has unveiled details regarding the financial transactions linked to the former Minister of Sanitation and Water Resources, Cecilia Abena Dapaah.
The Special Prosecutor, revealed that a total of US$590,000 and GH¢2.73 million, were seized from Ms. Dapaah’s residences in Cantonments, Abelemkpe, and Tesano.
During a press conference in Accra, Kissi Agyebeng, announced that the case has been officially transferred to the Economic and Organised Crime Office (EOCO) due to identified instances of money laundering which the OSP does not have the mandate to prosecute.
The investigation gained public attention, following reports of a significant amount of cash theft, involving undisclosed amounts of Ghanaian Cedis believed to be running into millions Ghana cedis and foreign currencies; US$1 million, €300,000 and some British pounds.
What adds a notable dimension to this case is the collaboration between the OSP and the Federal Bureau of Investigation (FBI) in probing Cecilia Dapaah’s financial affairs. The spotlight has expanded beyond Ghana’s borders, suggesting potential implications for the former Minister.
It raises the possibility that Ms. Dapaah, may face restrictions on visiting the United States in the near future. Alternatively, US authorities might seek her extradition for a thorough investigation and potential criminal prosecution.
This development underscores the seriousness of the allegations against Cecilia Dapaah and emphasizes the international scope of the investigation. The collaboration with the FBI implies a high level of scrutiny, indicating that the legal consequences for the ex-minister may extend beyond Ghana’s jurisdiction.
Mr Agyebeng, at yesterday’s conference, did not disclose how much money was in the various bank accounts of Cecilia Dapaah, who will now be subject to another investigation alongside her associates, providing details into the financial affairs and assets to EOCO headed by Maame Yaa Tiwaa Addo-Danquah.
In a statement issued yesterday, the OSP, stated that no direct and immediate evidence of corruption has been found in the seized funds and frozen bank accounts linked to Ms. Dapaah and her associates after nearly seven months of an extensive investigation by it and a parallel inquiry by the Federal Bureau of Investigation (FBI) of the United States (US).
However, “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 stated.
The OSP underscored that in August 2023, the OSP acted by freezing Ms Dapaah’s bank accounts and confiscating $590,000 and GH¢2.73 million from her residence after news of the theft of a substantial amount of cash in cedis and foreign currencies went viral.
“Until today, the Office has been in court to confirm the frozen bank accounts and confirm the seized monies for longer periods pending the outcome of investigations. A portion of the inquiry was entrusted to the FBI due to allegations suggesting involvement of transfer of funds from the United States,” it added.
Hours before the press conference, an Accra High Court ordered the OSP to return Ms Dapaah’s seized funds to her within 72 hours. The Court, presided over by Justice Nana Brew, then ordered the OSP to release all seized assets belonging to Cecilia Dapaah.
This follows an application by the OSP to confirm the freezing and seizure orders regarding the bank accounts and assets at the former Minister’s home, a report by myjoyonline.com has stated.
Millions of Ghana Cedis, along with $1 million and €300,000, were reportedly stolen from the confines of her home, leaving a trail of questions and accusations in July last year.
Two house helps: Patience Botwe and Sarah Agyei, faced the accusatory finger of the law, charged with conspiracy and multiple counts of theft.
Below is what the Office of the Special Prosecutor said at the media briefing yesterday;
One of the contemporary legal problems that confront us is the movement and the stashing of large sums of cash – with its attendant likelihood of distorting economies. Ordinarily, it is not unlawful for a person to move or keep large cash sums as long as the money was lawfully acquired. After all, it is the person’s money and as owner, that person may choose to do what pleases that person with that person’s money.
The important consideration is that the holder of large cash sums should be able to account for same as to the lawfulness of the source. Therefore, where the source of the money is cast in some considerable doubt, then legal hurdles are raised and questions are posed.
On this score, the antenna of investigative authorities swing into enquiring activity where public officials are detected to be keeping or moving large sums of money. This is because, in almost every jurisdiction, including Ghana, it is extremely unusual and highly suspicious for a public officer to have such large cash sums stashed in their homes – as it raises concerns of suspected inappropriate conduct. And such occurrences dictate pause and reflection.
It is in this context that the Office of the Special Prosecutor commenced investigation in July 2023 in respect of suspected corruption and corruption-related offences regarding large amounts of money (mainly in foreign denominations) and other valuable items involving Ms. Cecilia Abena Dapaah, a former Minister of Sanitation and Water Resources and her spouse, Mr. Daniel Osei-Kufour.
The investigation was triggered by a complaint filed by Ms. Dapaah and Mr. Osei-Kufour to the police against certain individuals on an allegation of the theft of large sums of money from the residence of the complainants. Ms. Dapaah was the Minister of Sanitation and Water Resources at the time. The complaint precipitated criminal proceedings in the Circuit Court, Accra against four (4) persons on various counts of theft in Court Case No. D4/155/2023 The Republic v. Patience Botwe & Three Ors. The charges recounted that between July and October 2022 the accused persons allegedly stole valuable items from the residence of Ms. Dapaah and Mr. Osei-Kufour at Abelemkpe, Accra – including cash amounts of One Million United States dollars (US$1,000,000.00) and Three Hundred Thousand euros (€300,000.00).
The initial complaint to the police recounted that Eight Hundred Thousand United States dollars (US$800,000.00) of the amount reportedly stolen from the residence belonged to Ms. Dapaah’s deceased brother and Three Hundred Thousand cedis (GH₵300,000.00) was contribution towards Ms. Dapaah’s mother’s funeral which was contained in a box. There was no indication as to the source of the remainder of Two Hundred Thousand United States dollars (US$200,000.00) and Three Hundred Thousand euros (€300,000.00).
On the basis of Case No. D4/155/2023 The Republic v. Patience Botwe & Three Ors. and the totality of the criminal intelligencegathered by the Office and that large sums of money were physically stashed at the residences of Ms. Dapaah and Mr. Osei-Kufour, the Special Prosecutor directed full investigation into corruption and corruption-related offences involving the respondent (in accordance with regulation 6 of the Office of the Special Prosecutor (Operations) Regulations, 2018 (L.I. 2374)) as the circumstances reasonably indicated to the Office that the source of the cash sums stated as belonging to Ms. Dapaah (a public officer at the time) on the charge sheet in D4/155/2023 The Republic v. Patience Botwe & Three Ors. was suspicious and thatthe cash sums were suspected tainted property as being proceeds from corruption and corruption-related offences.
On 24 July 2023, the Office placed Ms. Dapaah under arrest on charges of corruption and corruption-related offences. The Office subsequently conducted searches in three (3) residential properties associated with Ms. Dapaah and Mr. Osei-Kufour at Cantonments, Abelemkpe and Tesano in Accra. The searches, which were carried out over a period of two (2) weeks, led to the discovery of the cash sums of Five Hundred and Ninety Thousand United States dollars (US$590,000.00) and Two Million Seven Hundred and Thirty Thousand cedis (GH₵2,730,000.00).
Ms. Dapaah and Mr. Osei-Kufuor could not readily provide a reasonable explanation as to the sources of the cash sums. Authorized officers of the Office seized the discovered cash sums on reasonable grounds that they were suspected tainted property in accordance with section 32(1) of the Office of the Special Prosecutor Act, 2017 (Act 959) as it was necessary to exercise the power of seizure to prevent concealment of the cash sums.
The Special Prosecutor, considering it necessary to facilitate the investigations, issued a freezing order against the bank accounts and investments of Ms. Dapaah domiciled at Prudential Bank Limited and Societe Generale Ghana.
Upon the refusal by the High Court to confirm the freezing and seizure orders in August 2023, the Office re-seized the cash sums and re-froze the bank accounts and investments and applied to the court again for confirmation in FT0074/2023 The Special Prosecutor v. Cecilia Abena Dapaah & Daniel Osei-Kufour.
Extensive investigation was conducted in-country involving twenty (20) persons and three (3) state institutions, and especially in the Ashanti Region to establish the financial standing of Ms. Dapaah’s deceased brother during his lifetime and at the time of his death.
From October 2023, the investigation became cross-border and transboundary upon the claim by the persons of interest that part of the seized cash sums was transported to Ghana from the United States. For that reason, the Federal Bureau of Investigation (FBI) of the United States became involved in a collaborative investigative work with the Office on the matter.
The investigation has been aimed at determining the source(s) of the large cash sums associated with Ms. Dapaah and Mr. Osei-Kufuor.
The Office has had the benefit of seven (7) months of in-country and four (4) months of collaborative transboundary investigation. On the totality of the gathered evidence and intelligence, it seems to us that the case is largely in the province of suspected money laundering and structuring. By operation of law, the Economic and Organised Crime Office (EOCO) has a specific and direct mandate in respect of suspected cases of money laundering and its attendant activity of structuring. Consequently, the Office is referring the case to EOCO for continued investigation and further action. The Office will be in close collaboration with EOCO and continued collaboration with the FBI.
A little over an hour ago, the Office discontinued its application that was pending before the High Court for a confirmation of the seizure and freezing orders in pursuance of the referral of the case to EOCO. The Court ordered a return of the seized cash sums and unfreezing of the bank accounts and investments within seventy-two (72) hours.
The Office also discontinued the procedural criminal charge against Ms. Dapaah for failure to return forms on declaration of property and income.
