[2014]DLSC5028 • November 5, 2014 • Supreme Court •
THE REPUBLIC vs. THE HIGH COURT (FINANCIAL DIV.) ACCRA EX PARTE: JAMES AWUNI (APPLICANT) AND THE CHIEF EXECUTIVE OFFICER FINANCIAL INTELLIGENCE (INTERESTED PARTY)
The Applicant, James Awuni, had an account with Ecobank Ghana Ltd. In July 2013, a remittance of US$10,000 was credited to his account. The account was frozen by the Chief Executive Officer (CEO) of Financial Intelligence under the Anti-Money Laundering Act, 2008 (Act 749). The High Court Financial Division confirmed the freezing order ex parte. The Applicant was denied access to the funds and challenged the freezing and subsequent court rulings, including the admissibility of an FBI report used as evidence.
read moreBENIN, JSC:- This is an application for judicial review by way of an order of certiorari brought under Article 132 of the 1992 Constitution and Rule 61(1) of the Supreme Court Rules C.I. 16 as amended by C.I. 24. The applicant seeks the following reliefs from this court: i. An order of certiorari to bring up into this Court for purposes of being quashed the order of the High Court (Financial Division) Coram: Her Ladyship Justice Afia Serwa Asare Botwe dated 24th October 2013 confirming the freezing of the Applicant’s account and other assets within the jurisdiction. ii. An order of certiorari to bring up into this Court for purposes of being quashed the ruling of the High Court (Financial Division) Coram: Her Ladyship Justice Afia Serwa Asare Botwe dated 7th March 2014 dismissing the preliminary legal objection raised against the admissibility of an FBI report for non-compliance of section 161 of the Evidence Act. The grounds for the application are three, namely: a) Her Ladyshi.....