TWENEBOAH KODUAH vs. EOCO & 2 ORS [2014]DLHC12066

Date	2014-02-12
Suit No.	SUIT NO. FTRM/55/12
Citation No.	[2014]DLHC12066

HIS LORDSHIP JUSTICE JOHN AJET-NASAM

ALEXANDER MARKIN FOR APPLICANT

JACQUELINE AVOTRI FOR RESPONDENT

[2014]DLHC12066
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													<main id="main" class="content" style="min-height: 60rem" >TWENEBOAH
KODUAH<o:p></o:p>(APPLICANT)<o:p></o:p>vs.<o:p></o:p>EOCO &amp; 2
ORS<o:p></o:p>(RESPONDENT)<o:p></o:p>&nbsp;[HIGH COURT, ACCRA]<o:p></o:p><div style="border-top: none; border-right: none; border-left: none; border-image: initial; border-bottom-width: 1.5pt; border-bottom-color: black; padding: 0cm 0cm 1pt;">

SUIT NO. FTRM/55/12&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; DATE: 12TH&nbsp;FEBUARY 2014<o:p></o:p>

</div>COUNSEL<o:p></o:p>ALEXANDER
MARKIN FOR APPLICANT,<o:p></o:p><div style="border-top: none; border-right: none; border-left: none; border-image: initial; border-bottom-width: 1.5pt; border-bottom-color: black; padding: 0cm 0cm 1pt;">

</div>CORAM<o:p></o:p>HIS
LORDSHIP JUSTICE JOHN AJET-NASAM<o:p></o:p><div style="border-top-width: 1.5pt; border-top-color: black; border-left: none; border-bottom-width: 1.5pt; border-bottom-color: black; border-right: none; padding: 1pt 0cm;">

<p class="MsoNormal" align="center" style="margin-bottom:0cm;margin-bottom:.0001pt;
text-align:center;line-height:normal;border:none;mso-border-top-alt:solid black 1.5pt;
mso-border-bottom-alt:solid black 1.5pt;padding:0cm;mso-padding-alt:1.0pt 0cm 1.0pt 0cm">RULING<o:p></o:p>

</div>This applicant has asked
the Court to set aside its confiscation order made on 19th December,
2012.<o:p></o:p>The applicant argued per
his lawyer that, the monies were not tainted and also not coming from any bad
source.<o:p></o:p>One other argument
proffered was that, even though the motion was on notice, he was not served
with any motion paper.<o:p></o:p>The respondent replied
that, the procedure adopted was right and the Court did the proper thing and so
there was not illegality<o:p></o:p>The applicant further
argued he was not in the country but in South Africa. He attached all relevant
documents to prove that. He again argued that due to his absence from the
country he couldn’t have read or seen any publication.<o:p></o:p>In response, the respondent
countered that, they hit the wall
when they could not get access to the applicant. The Court therefore ordered
the publication of all persons whom they have filed confiscation proceedings
against in the newspapers.<o:p></o:p>On the 3rd
February, 2012, the acting Deputy Executive Director (Intel) wrote to the
applicant to inform him of the freezing. But the applicant did not make any
enquiries as to why the accounts were frozen.&nbsp;
Again on the 20th June, 2012, there was a publication in the
Daily Graphic listing people who had their accounts frozen to appear before
EOCO. The applicant’s name appeared as No. 29 to appear on 5th July,
2012 at 10:00 am. This also the applicant or any one claiming through him
failed or refused to appear.<o:p></o:p>When the confiscation was
done, yet again, there was a notice of confiscation pursuant to an order from
this Court listing those whose assets have been confiscated.<o:p></o:p>Here again, the applicant’s
name appeared as No. 3. They were all given ten (10) days so that those whose
names were listed in the paper to appear and adduce evidence at the hearing.
This again the applicant failed, refused or neglected to come to Court. He only
went to the offices of the 1st respondent on the 21st
January, 2014.<o:p></o:p>&nbsp;In the documents attached,
the applicant entered South Africa on 18th March, 2012.<o:p></o:p><a name="_heading=h.gjdgxs"></a>The EOCO also wrote to the applicant on
the 20th February, 2012 to meet the Executive Director on 29th
February, 2012 but he never turned up. A certificate of posting a Registered Letter
had been attached from the Ghana Post to the applicant to that effect. All
these </main>