SABAT MOTORS LIMITED vs. THE EXECUTIVE DIRECTOR SERIOUS FRAUD OFFICE

WIREDU, J.S.C.: The complaint of the Applicants in this case is that the “Consequential Orders” made by the Accra Regional Tribunal in respect of the matter raised before it for consideration under the Serious Fraud Act 1999 (Act 464) which has culminated in the Tribunal’s Orders of 15th April, 1999 were ultra vires the powers of the Tribunal. The Applicants contend that the Tribunal was required under the law supra either to confirm the freezing of the Applicants assets or refuse the confirmation and nothing more. We have carefully looked at the law and we are of the view that the Applicants’ complaint is justified and unanswerable. There is an apparent error of law on the face of the record and we think the Applicants’ complaint that the Tribunal exceeded its jurisdiction by making further Consequential Orders after it had confirmed the freezing of the Applicants assets is right. These Consequential Orders therefore must not be allowed to stand. By calling for evidence whe...