WILLIAM ATO ESSIEN
V.
ECONOMIC AND ORGANISED CRIME OFFICE

(2019) JELR 107453 (HC)    
High Court  ·  HR/003/2019 ·  30 May 2019 ·  Ghana
CORAM
GIFTY AGYEI ADDO
Core Terms Beta
respondent
applicant
law
court
executive director
freedom of movement
seizure of his passport
attorney general
organised crime act
police service act
intelligence agencies act
movable property seizure notice
own property
support of the application
travel certificates act
criminal offence
defunct capital bank
public financial management act
respondent’s action
respondent’s office
supreme court
absence of such violation
affidavits of both parties
applicant’s case
breach of his rights
case of the applicant
civil procedure
constitution of the republic of ghana
contravention of his rights
economic life
further states
ghanaian passport
human rights
international law
later date
national symbols
necessary action
order of the court
political rights
public purse
respect of the seizure of his passport
respondent’s investigations
said passport
said seizure leads
seizure of the said passport
stark violation of his rights
suit of the attorney general
totality of the applicant
uncontroverted facts
violation of my rights

JUDGMENT

The Applicant on the 8th of November, 2018 brought an application before this Court, alleging a breach of his rights as enshrined in Article 18, Article 21(1) (g) and Article 24 of the Constitution of the Republic of Ghana, 1992, in respect of the seizure of his passport by the Respondent. This application was amended by the Applicant on 8th February, 2019 and endorsed with the following reliefs:

i. A declaration that the Respondent’s action in taking away my passport is a violation of my rights to freedom of movement, work and to own property.

ii. An order directed at the Respondent to release forthwith to me, my Ghanaian passport which the Respondent is unlawfully keeping in his custody.

iii. An order directed at the Respondent for punitive and exemplary damages.

iv. Costs including legal fees.

BACKGROUND TO THE ACTION

The uncontroverted facts as borne by the affidavits of both parties are that the Applicant at all times material to this action was a former non-execu…

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