REPUBLIC vs. HIGH COURT, FINANCIAL AND ECONOMIC CRIME DIVISION (COURT 2), ACCRA EX-PARTE: MALIK IBRAHIM EXECUTIVE DIRECTOR, ECONOMIC AND ORGANISED CRIME OFFICE

RULING AMADU JSC:- INTRODUCTION (1) The key question that arises for our determination in this application is, whether the High Court, Financial and Economic Division 2, Accra acted in conformity with the statute that set the limits of authority of the Economic and Organised Crime Office (EOCO), the Interested Party herein, when it confirmed a freezing order over the assets of the Applicant herein. The 1992 Constitution under article 18 guarantees the right to property of every person in Ghana and prohibits interference with that right except in accordance with law. Thus, whereas the Constitution guarantees that individuals are free to enjoy the benefit or use of their properties without unnecessary hindrance, it is equally permits that properties unlawfully acquired may be taken away from their owners. The state has established a number of agencies with the mandate to trace and recover illegally acquired properties and the Interested Party herein is one of those agencies. However...