[2000]DLSC108 • June 14, 2000 • Supreme Court •
AGYEKUM vs BOADI
Group Captain P K Agyekum Rtd leased estate house No 1153 Awudome Estate, Accra in 1960. The house was confiscated by the Armed Forces Revolutionary Council (AFRC) and allocated in 1990 to ExWO I Adjei Boadi. In 1997, the President directed deconfiscation and return of the house to Agyekum. Boadi refused to vacate, leading to a suit for recovery of possession and damages.
read moreJUDGEMENT Acquah JSC. Delivered the ruling of the court. This is a reference from the Circuit Court, Accra, for the determination of the following issues: “(i) whether or not the deconfiscation order directed by the President of the Fourth Republic through the Confiscated Assets Committee in respect of the said house is in contravention of the letter and spirit of the Constitution, 1992, particularly section 35(1) and (2) of the transitional provisions of the said Constitution; and (ii) whether or not section 3 of the Confiscated Assets (Removal of Doubt) Law, 1993 (PNDCL 325), is in contravention of section 35(2) of the transitional provisions of the Constitution, 1992.” The background to the reference was that one Group Captain P K Agyekum (Rtd) acquired by way of a lease from the State Housing Corporation in 1960, estate house No 1153 Awudome Estate, Accra. The estate house was later confiscated by the erstwhile Armed Forces Revolutionary Council (AFRC) and alloca...