GH - OSEI BONSU AMOAH v. ECONOMIC AND ORGANISED CRIME OFFICE

DENNIS ADJEI, J.A.

The plaintiff has instituted this action against the defendant for

“1. A declaration that upon a true and proper construction of Defendant’s statutory powers Defendant has no statutory mandate to investigate purely civil/commercial matters.

2. A declaration that the facts that give rise to Defendant’s letter of 09/01/12 inviting plaintiff to meet the Executive Director EOCO are purely civil commercial matters not falling within Defendants statutory mandate.

3. A declaration that that the action of the Defendant to investigate fraud in the award of contracts for the CAN 2008 stadia and payment of judgment debt to Alfred Woyome as well as Defendant’s public statements are calculated to undermine and pre judice the outcome of the matter between the Attorney General and Alfred Woyome.

4. A declaration that accordingly Defendant’s invitation to meet with the Executive Director EOCO in terms of Defendant’s letter of 09/01/12 falls outside Defendant’s statutory mandate.

5. A declaration that the request made by Defendant on plaintiff in terms of its letter of 09/01/12 is ultra vires and illegal and unjustifiable.

6. A declaration that the Defendant’s letter of 09/01/12 inviting plaintiff to meet the Executive Director EOCO is not a fair reasonable, proper and candid exercise of Defendant’s statutory s powers.

7. A declaration that plaintiff has a right to be informed in as much detail as possible the reason for which plaintiff intends to meet with the Executive Director of EOCO.

8. An order of perpetual injunction restraining Defendant from compelling by any means whatsoever and/or procuring plaintiff to assist Defendant from compelling by any means whatsoever and/or procuring plaintiff to assist Defendant in terms of Defendant’s letter of 09/01/12”.

The plaintiff further filed an application for interlocutory injunction restraining the Defendant/respondent whether by itself, its agents, servants or assigns from continuing with the investigations into suspected fraud in the award of contracts for CAN 2008 stadia and the payment of judgment debts to Alfred Woyome and /or in any way compelling by any means whatsoever plaintiff to assist in the aforesaid investigation. The defendant has also resisted the application on the basis that it is a statutory body and an order for injunction cannot be granted to restrain it from performing its statutory duties when the plaintiff had not appeared before it and can demonstrate or show that

DENNIS ADJEI, J.A.

The plaintiff has instituted this action against the defendant for

“1. A declaration that upon a true and proper construction of Defendant’s statutory powers Defendant has no statutory mandate to investigate purely civil/commercial matters.

4. A declaration that accordingly Defendant’s invitation to meet with the Executive Director EOCO in terms of Defendant’s letter of 09/01/12 falls outside Defendant’s statutory mandate.

5. A declaration that the request made by Defendant on plaintiff in terms of its letter of 09/01/12 is ultra vires and illegal and unjustifiable.

7. A declaration that plaintiff has a right to be informed in as much detail as possible the reason for which plaintiff intends to meet with the Executive Director of EOCO.

OSEI BONSU AMOAH v. ECONOMIC AND ORGANISED CRIME OFFICE

Areas of Law

RULING