THE REPUBLIC V. THE HIGH COURT (FINANCIAL DIV.) ACCRA EX PARTE: TWENEBOAH KODUAH (APPLICANT) THE EXECUTIVE DIRECTOR ECONOMIC AND ORGANISED CRIME OFFICE, ACCRA (INTERESTED PARTY)
(2014) JELR 66111 (SC)
Supreme Court
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CIVIL MOTION NO.J5/22/2014
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29 Jul 2014
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Ghana
Coram
ANSAH J.S.C. (PRESIDING), OWUSU J.S.C., DOTSE J.S.C., GBADEGBE J.S.C., AKAMBA J.S.C.
Appearances
HON. ALEXANDER KWAMENA AFENYO MARKIN ESQ. WITH HIM MISS ,BERNINA KORKOR OKUTU FOR THE APPLICANT; JACQUELINE AVOTRI FOR THE INTERESTED PARTY.
Judgement
<h2 class="ql-align-center">MAJORITY OPINIONS</h2><p><strong>GBADEGBE JSC</strong></p><p>My Lords, I have had the advantage of reading in draft the judgment about to be read by my worthy brother, Dotse JSC in these proceedings and much as I think that the said delivery has raised interesting points of law and in particular the need for those responsible for carrying out the objectives of Economic and Organised Crime Office Act, 2010 (Act 804) to comply with the provisions of the law, I am unable for reasons that follow shortly to agree with the conclusion therein reached by him. In my thinking, as certiorari is a discretionary remedy, the applicant by waiting so long is not only out of time by virtue of the rules of this court but applying the decision of this court in the case of <em><a class="case case-considered-highlight" href="/case/republic-v-high-court-accra-ex-parte-nii-nueh-odonkor-cb6aa">The Republic v. High Court, Accra Ex parte Nil Nueh Odonkor</a></em>, Suit Number J5/26/2014 dated 22 July 2014 (Unreported)to the facts of this case, I am of the opinion that the period from the making of the order of 19 December 2012 to the date the application herein was fâŚ</p>