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ABDUL-NASIR HAMID V. THE ATTORNEY GENERAL & 3 ORS

(2017) JELR 107163 (HC)

High Court  •  HR/0114/2018  •  23 Jul 2017  •  Ghana

Coram
GIFTY AGYEI ADDO J.

Appearances
ABDUL-AZIZ MOHAMMED FOR THE APPLICANT. UMMU ZAKARI (STATE ATTORNEY) FOR THE RESPONDENTS.

Judgement

JUDGMENT

On 12th September, 2018, the Applicant herein filed a motion on notice for the enforcement of his fundamental human rights under Articles 14 (1) and 18 (1) of the Constitution of the Republic of Ghana, 1992. The application is endorsed with the following reliefs:

1. A declaration that the seizure or confiscation or freezing of Applicant’s cars, which are not the subject of any crime and have no bearing or relationship with the alleged offence under investigation constitutes a violation of his right to property under Article 18 of the 1992 Constitution.

2. A declaration that the 3rd and 4th Respondents’ purported seizure or confiscation or freezing of the Applicant’s properties (vehicles) without a court order and without the Applicant having even been charged formally with any offence related to the properties constitute a violation of his right to be presumed innocent until proved guilty or pleads guilty under Article 19 (2) of the 1992 Constitution.

3. A declaration that the ha…

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