This is an application “to set aside order of confiscation and forfeiture and for a further order to defreeze and release account”. According to the Motion paper, the application is premised on the inherent jurisdiction of the court; Article 296 clause (a)&(b) of the 1992 Constitution; S.38(1)(a)(i) and 2(a); Ss 47, 50(1)&(3) and 51 of the Economic and Organised Crime Office [E.O.C.O] Act, 2010 (Act 804) and Order 19 r 1(1) of CI 47.
The thrust of the application as can be gleaned from the averments contained in the applicant’s affidavit accompanying the motion paper is that in November, 2011 he (Applicant) received US$22500 from a Roxanne Sprankle into his account with the Tema branch of Ecobank. His bankers refused him access to the money and when he complained he was referred to the Compliance Department of the bank in Accra. There, he was informed that the 1st Respondent has written to the bank indicating that the account has been frozen by E.O.C.O and the freeze confirmed …