ECONOMIC ORGANISED & CRIME OFFICE VS MENZGOLD GHANA LIMITED & ANOR.

It is provided under Sections 38 and 39 of the Economic and Organized Crime Office Act, 2010 Act 804 as follows: DURATION OF A FREEZING ORDER Sec 38.

1. A freezing order remains in force until(a) The order is(i) Discharged, (ii) revoked, or (iii) varied.

b) Twelve months after the date the order is made or a later date determined by the Court, or(c) A confiscation order or pecuniary penalty order is made in respect of the property which is the subject of the order.

1. where investigation has commenced against a person for a serious offence and the property related to that offence is frozen or restrained, the Court shall order the release of the frozen or restrained property if(a) the person is not charged with a serious offence within twelve months after the date of commencement of the investigation, or(b) the person is acquitted of the serious offence.

Review of freezing order Sec.

39 (1) a person who claims an interest in property which is the subject of a freezing order shall apply to the Court for a review of the order on notice to the Executive Director, within fourteen days after the issue of the freezing order.

1. The Court shall revoke or vary the order or subject the order to conditions directed by the Court on the hearing of the interested party.

The Applicant herein who claims ownership of a property known as No. 20A Mulberry Street, situate on plot No. 673 Block 15 Section 114, East Legon, filed the instant application under Section 39 of Act 804 for a Review of the order for confirmation of freezing of said property.

Even though the application was served on the Economic and Organized Crime Office through its Secretary Mabel Avorgbel on 13th February 2019, no affidavit in opposition had been filed at the time of the hearing of the application.

This does not entitle the Applicant to an automatic grant of the order sought.

The Court will proceed to make a determination based on the affidavit evidence and submissions made by Counsel for the Applicant.

I will comment on the jurisdiction of this Court to entertain this Review application before delving into the merits thereof.

Order 42 rule (4) of the High Court (Civil Procedure Rules) 2004 C. I. 47 provides that: Judge to hear application 4. Where the Judge who gave the judgment or made the order sought to be reviewed, continues to hold office at the time when the application for a review is presented, and is not precluded by absence or other cause for a period of three months followin