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THE EXECUTIVE DIRECTOR ECONOMIC AND ORGANIZED CRIME OFFICE V. TWENEBOAH KODUAH

(2015) JELR 68162 (CA)

Court of Appeal  •  SUIT NO.: H1/59/2015  •  30 Apr 2015  •  Ghana

Coram
KUSI APPIAH J. A (PRESIDING), HONYENUGAH J.A., TORKORNOO J. A.

Judgement

JUDGMENT

TORKORNOO, J. A.

On 15th February 2012, the Respondent in this appeal filed an application for an order confirming the freezing, seizing and transferring of the funds in the accounts of the Appellant with Ecobank, Kejetia Branch following the filing of a Suspicious Transaction Report by the bank. The application was pursuant to Sections 24, 33, 34, and 35 of the Economic and Organised Crime Office Act 2010 Act 804. This order was granted by the High Court on 20th February 2012.

Almost a year later on 17th December 2012, the Respondent filed an application for an order to confiscate and transfer tainted asset/proceeds of crimes pursuant to

Sections 46, 47, 50, 51 and 56 of Act 804. The court ordered on 19th December 2012 that notice of the application be published once. The Motion was repeated and set to be moved on 28th February 2013. On 28th February 2013, the order for confiscation was granted by the high court.

On 23rd January 2014, the appellant per his counsel filed an applic…

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