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RICHARD PAA KWESI KORSAH v. THE EXECUTIVE DIRECTOR OF ECONOMIC AND ORGANISED CRIME OFFICE & 2 ORS

(2020) JELR 109753 (SC)

Supreme Court  •  J1/27/2017  •  5 Feb 2020  •  Ghana

Coram
YEBOAH, CJ (PRESIDING) DOTSE, JSC BAFFOE-BONNIE, JSC APPAU, JSC PWAMANG, JSC AMEGATCHER, JSC KOTEY, JSC

Judgement

JUDGEMENT 

KOTEY, JSC:- 

On 5th February, 2020, this Court dismissed the Plaintiff’s action in this matter on the  grounds that its original jurisdiction has not been properly invoked and that the case  lacked any merit, with reasons to be given later. We proceed to give our reasons.

On 4th October, 2017, Plaintiff instituted this action pursuant to articles 2 and 130 of the  1992 Constitution, invoking the original jurisdiction of this court for an interpretation and  enforcement of articles 18 and 19 (2)(c) of the 1992 Constitution. 

The reliefs sought were a declaration that: 

i. Section 23(2) of the Economic and Organised Crime Act, 2010 Act 804, is  inconsistent with articles 18 and 19 (2)(c) of the 1992 Constitution. 

ii. On a true and proper interpretation of articles 18 and 19(2) (c), citizen’s  property cannot be confiscated or forfeited to the state unless the citizen has  been convicted of a serious offence that has a direct nexus with the affected  property. 

iii. Forfeiture of …

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