In a significant legal development, an Accra High Court has ordered the Office of the Special Prosecutor (OSP) to release the investigation caution and charge statements of former Sanitation Minister Cecilia Dapaah and her husband. The release is to Patience Botwe, a former house help accused of stealing substantial sums of money from Dapaah’s residence.
The case first surfaced in July 2022 when Dapaah reported that four individuals, including Botwe, had stolen $1 million and €300,000 from her home. During the OSP’s investigation, $590,000 and GH¢2,730,000 were discovered across three properties linked to Dapaah and her husband.
Botwe’s legal team requested access to Dapaah’s caution statements under the Right to Information Act, but the OSP denied the request, citing exemptions. However, the High Court, led by Justice Marie-Louis Simmons, ruled in favor of Botwe’s defense, noting that the documents were vital for cross-examination, especially given inconsistencies in Dapaah’s and her husband’s accounts. The court emphasized the accused’s constitutional right to access relevant materials for a fair defense.
This ruling may have significant implications for the trial, as Botwe’s defense now has the ability to challenge Dapaah’s and her husband’s statements more thoroughly. The OSP’s refusal to provide the documents had raised concerns about the transparency of the trial.
In January 2024, the High Court also ordered the OSP to return seized funds belonging to Dapaah, after prosecuting her for asset registration violations—a case that was eventually withdrawn by the OSP. The release of these documents marks another pivotal moment in the ongoing legal battle.