[2017]DLSC2517 • February 9, 2017 • Supreme Court •
THE REPUBLIC vs. HIGH COURT (HUMAN RIGHTS DIVISION), ACCRA ATTORNEY-GENERAL
The applicants, directors of Intecell Investment Limited, were prosecuted for operating a non-banking financial institution without a license and defrauding by false pretences after a retired police officer (Interested Party) invested GHc80,000 and later reported them to the police following alleged breach of contract. The applicants sought judicial review to prohibit the criminal prosecution, claiming the transaction was purely civil and the prosecution infringed their fundamental rights.
read moreAPPAU: JSC- This is an application for Judicial Review brought under rule 61 of C.I. 16/96. The applicants are invoking the supervisory jurisdiction of this Court by way of certiorari to quash the decision or ruling of the High Court (Human Rights Division), Accra dated 2nd June 2016. The applicants are Directors of a company called Intecell Investment Limited, which is an investment company. The Interested Party herein, who is also the respondent, is a retired Police Officer. He invested the sum of Eighty Thousand Ghana cedis (GHc80, 000.00) in the applicants’ company and received some of the monthly interest remittances as agreed between him and the applicants’ company. The applicants’ company later reneged on its own contractual terms as stipulated in the contract document. The respondent reported the applicants to the police. They were arrested and arraigned before the Circuit Court, Accra on charges of: - i. Conspiracy to commit crime to wit: - Operating non-banking finan...