NII NUEH ODONKOR
V.
THE EXECUTIVE DIRECTOR (E.O.C.O), BANK OF GHANA AND ECOBANK (GH) LTD

(2014) JELR 63729 (HC)    
High Court  ·  SUIT NO. BMISC 381/2014 ·  14 Mar 2014 ·  Ghana
CORAM
HIS LORDSHIP JUSTICE P. BRIGHT MENSAH
Core Terms Beta
court
application
law
executive director
1st respondent
confiscation order
serious offence
e.o.c.o
forfeiture
commission of a serious offence
instant application
instant case
leave of the court
order of the court
present case
motion paper
provision of the law
reasonable grounds
significant differences
statute ie act
tainted property
applicant’s affidavit
breach of the rules of natural justice
case of nii nueh odonkor
circumstance of this case
counsel’s submissions
directive of the executive director of e.o.c.
ex debito justitiae
exhibit account of the 1st respondent
following orders
forfeiture of the account.the gravamen
forfeiture of the funds
fundamental issue
further order
inherent jurisdiction of the court
interpretation section of act
learned authors
legal proceedings
mosi v bagyina
order of confiscation
organised crime office act
own void orders
permanent deprivation of a property
release account
respondent sufficient time
seized currency
set aside
sound principle of law
support of the application
thrust of the application

This is an application “to set aside order of confiscation and forfeiture and for a further order to defreeze and release account”. According to the Motion paper, the application is premised on the inherent jurisdiction of the court; Article 296 clause (a)&(b) of the 1992 Constitution; S.38(1)(a)(i) and 2(a); Ss 47, 50(1)&(3) and 51 of the Economic and Organised Crime Office [E.O.C.O] Act, 2010 (Act 804) and Order 19 r 1(1) of CI 47.

The thrust of the application as can be gleaned from the averments contained in the applicant’s affidavit accompanying the motion paper is that in November, 2011 he (Applicant) received US$22500 from a Roxanne Sprankle into his account with the Tema branch of Ecobank. His bankers refused him access to the money and when he complained he was referred to the Compliance Department of the bank in Accra. There, he was informed that the 1st Respondent has written to the bank indicating that the account has been frozen by E.O.C.O and the freeze confirmed …

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