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JESSE AMISSAH TURKSON, FLORENCE KOTEY AND HON. MAVIS HAWA KOOMSON V. THE EXECUTIVE DIRECTOR ECONOMIC AND ORGANISED CRIME OFFICE AND ATTORNEY GENERAL

(2016) JELR 68782 (SC)

Supreme Court  •  CIVIL APPEAL NO. J1/10/2015  •  5 Dec 2016  •  Ghana

Coram
ANSAH (PRESIDING) ADINYIRA (MRS) JSC, DOTSE JSC, ANIN YEBOAH JSC, GBADEGBE JSC, BENIN JSC, AKAMBA JSC

Judgement

JUDGEMENT

MAJORITY OPINION

AKAMBA, JSC

The three Plaintiffs herein, filed an amended writ on 5th February 2016, invoking this court’s original jurisdiction under articles 2, 18, 19 (2) (c), 19 (10), and 130 of the Constitution 1992 and Rule 45 of the Supreme Court Rules, 1996, (CI 16) seeking the following reliefs, namely:

A declaration that:

i. On a true and proper interpretation of Article 19 (2) (c) of the 1992 Constitution, a person’s property cannot be forfeited or confiscated to the state when that person has not been tried and convicted of a crime regarding the property.

ii. On a true and proper interpretation of Article 18 of the 1992 Constitution, a person’s property cannot be forfeited or confiscated to the state by an ex-parte motion praying for same.

iii. On a true and proper interpretation of Article 18 of the 1992 Constitution, unless confiscations proceedings as provided for under sections 45, 46, 47, 50 and 51 of the Economic and Organised Crime Act, 2010, (Act 804) are compl…

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