[2015]DLCA8294 • May 7, 2015 • Court of Appeal
NII NUEH ODONKOR vs. THE EXECUTIVE DIRECTOR ECONOMIC AND ORGANIZED CRIME OFFICE, BANK OF GHANA AND ECOBANK GH. LTD HEAD OFFICE
OFOE,J.A: The appellant was before the High Court with a motion: “…TO SET ASIDE ORDER OF CONFISCATION AND FORFEITURE AND FOR AN ORDER OF RELEASE AND DEFREEZE OF ACCOUNT INHERENT JURISDICTION OF THE HIGH COURT: 1992 CONSTITUTION ARTICLE 296 CLAUSE (a) AND (b): sec 38(1)(a)(i) AND 2(), SECTION 47,50(1) AND(3),51 OF ECONOMIC AND ORGANIZED CRIME OFFICE ACT 2010(ACT 804): ORDER 19 RULE 1(1) OF CI 47”. This was after an earlier High Court had made an order forfeiting his funds in his accounts with the ECOBANK. Details of the facts will unfold in this opinion. Before I proceed into the substance of the appeal let me briefly dispose off a jurisdictional issue raised by the respondent, EOCO. It contends that the applicant by operation of C.I 19 rule 9 of the Court of Appeal Rules was out of time when he sought to challenge the forfeiture orders made by the court on the 19th February 2013. I think there is no doubt the forfeiture order sought to be impugned by the applicant was made o...