An Accra Circuit Court, presided over by Her Honour Susana Eduful, has granted bail to Odartey Lamptey, a construction laborer, and Mary Ama Otoo, a trader, in the sum of GHC 100,000 each with two sureties.
The accused persons are facing charges of causing unlawful damage, contrary to Section 172 of the Criminal Offences Act 1960 (Act 29).
The prosecution alleged that the accused unlawfully demolished a fenced wall valued at GHC 58,089.00, which belongs to Justice Lydia Osei Marfo, a Justice of the Court of Appeal. The property, located in Danchira, had been lawfully acquired by the complainant.
As part of the bail conditions, the court directed that the sureties must be public servants earning not less than GHC 4,500 per month.
Her Honour Susana Eduful further instructed the prosecution to make all necessary disclosures and file witness statements to ensure the trial proceeds without delay.
The case has been adjourned to February 26, 2025 for further proceedings.
Background of the Case
The prosecution, led by Chief Inspector Princess Tetteh Boafo, informed the court that the complainant in this case, Justice Lydia Osei Marfo, is a Justice of the Court of Appeal in Accra. The accused persons, Odartey Lamptey and Mary Ama Otoo, are a construction laborer and a trader, respectively.
According to the prosecution, in 2003, the complainant acquired six plots of land for her brother-in-law, Gordon Osei Marfo, who resides abroad, and four plots for herself from the Nii Djan Bi Amu family.
However, after the sale, the family advised her to delay any development as the land was involved in a court dispute.
In 2024, the family informed the complainant that the litigation had been resolved in their favor and that she could proceed with her building project.
After providing her with the necessary indenture and court proceedings, the complainant took possession of the land and constructed a wall around all 10 plots.
Demolition of the Wall and Police Investigation
On September 9, 2024, while the complainant’s workers were on-site, the first accused, Odartey Lamptey, confronted them and ordered them to stop work. He then called the second accused, Mary Ama Otoo, and handed the phone to Sule Victor, the complainant’s mason and a witness in the case. Over the phone, Mary Ama Otoo allegedly threatened that if the wall was rebuilt ten times, she would demolish it ten times.
Three days later, the witness returned to the site and discovered that the entire wall had been demolished. The incident was reported to the Danchira Police Station, and while investigations were ongoing, the complainant petitioned the Director General of the CID for further action.
On November 2, 2024, the first accused, Odartey Lamptey, was arrested by Danchira Police and later transferred to the Property Fraud Unit of the CID Headquarters.
During investigations, police visited the site with the complainant and confirmed that a portion of the wall had been destroyed. Photographic evidence was taken, and the Architectural and Engineering Services Limited (AESL) was consulted to assess the damage, which was estimated at GHC 58,089.00.
On November 13, 2024, the second accused, Mary Ama Otoo, was also arrested.
Investigations revealed that she had acquired the land in 2024 from the Nii Tettey Oko Aryee family, which had lost a civil case against the complainant’s grantor over ownership of the land.
The court had previously restrained her grantor from entering the land, making her claim illegal.
Following the investigation, both accused persons were charged and arraigned before the court to face trial.
