EOCO vs. STEPHEN MEKEI OTONNAH

RULING In this instant application, the applicant prays the Court to defeeze his account that has been confirmed frozen by the respondent on 19/04/12. Under Section 38 (2) (a) it provides: “where an investigation has commenced against a person for a serious offence and the property related to that offence is frozen or restrained, the Court shall order the release of the frozen or restrained property if a. The person is not charged with a serious offence within twelve months after the date of commencement of the investigation. In this application, there is no doubt that the applicant’s account had been confirmed frozen for over a year ie twelve months. The law says within twelve month and not after twelve months. To this end therefore, it behoves on the respondent to lead evidence by way of affidavit evidence to the effect that it has charged the applicant with a serious offence within the twelve months. The respondent to discharge this burden, amongst other deposed in its pa...