THE REPUBLIC
V.
HIGH COURT, (FINANCIAL DIVISION 2) ACCRA

(2017) JELR 65773 (SC)

Supreme Court · CIVIL APPEAL NO. J5/9/2017 · 31 Jan 2017 · Ghana

CORAM

ADINYIRA (MRS) JSC PRESIDING, DOTSE JSC, ANIN YEBOAH JSC, GBADEGBE JSC, BENIN JSC

Ratio Decidendi

Core Terms ^Beta

high court

counsel

interested party

applicants

financial division

accounts of the applicants

supreme court

case

year period

learned trial judge

accountable institution

breach of the rules of natural justice

freezing orders

learned high court judge

statutory period

anti money laundering amendment act

narcotic related offences

xenon investment case

following cases

narcotic drugs

above ruling

application of the decision of the supreme court

better particulars of the said depositions

clear example

decision of the supreme court

excess of the jurisdiction of the court

executive officer of the interested party

ex-parte applications

ex-parte freezing orders

facts of this case

financial intelligence centre v

following banks

following effect

following terms

freezing of the accounts of the applicants

frozen account

grounds of the application

high court criminal court

issue of funds

learned anin-yeboah jsc

memorandum of the law states

order of certiorari

part of the interested party

proper construction of section 23a of act

subject matter of the trial

support of these ex-parte applications

supreme court case

DOTSE, JSC

By this application, the Applicants herein seek an order of Certiorari directed at the High Court, Financial Division 2, Accra to bring into the Supreme Court for the purpose of it being quashed, the Ruling of 3^rd August 2016 in Suit No. FTRM/87/15 intitutled Financial Intelligence Centre v. Kofi Appianin Ennin and 3 others.

The grounds upon which the Applicants seek this application have been stated as follows:-

Grounds of the Application

1. The High Court, Financial Division 2 exceeded its jurisdiction when it dismissed the application (filed on 29^th June, 2016) to set aside the order for a confirmation of freezing of accounts dated the 16^th of June, 2015 and 25^th of June, 2015 respectively when the statutory period of 12 months had long lapsed.

2. The High Court, Financial Division 2 exceeded its jurisdiction when it sought to direct or impose directions on how a case involving the 1^st Applicant should be tried before the High Court Criminal Court

3. The freezing of all the ac…

THE REPUBLIC V. HIGH COURT, (FINANCIAL DIVISION 2) ACCRA

THE REPUBLIC
V.
HIGH COURT, (FINANCIAL DIVISION 2) ACCRA