2023
SUPREME COURT
GHANA
CORAM
AI Generated Summary
In a supervisory jurisdiction application, Malik Ibrahim challenged two High Court orders confirming and varying an EOCO asset-freezing directive issued after EOCO investigated alleged revenue losses at Pacific Oil Ghana Limited (POGL), run by his brother Alhaji Zakaria Ibrahim. EOCO arrested Malik and other managers, and claimed assets in Maliks name were proceeds of stealing and money laundering. The High Court confirmed the freezing order and later appointed a receiver/manager and defrosted accounts to keep filling stations running. Malik argued EOCO exceeded its mandate under Act 804 and raised procedural defects. The Supreme Court, per Amadu JSC, held EOCO is a specialised agency whose statutory remit does not include investigating ordinary theft from a private entity; the facts did not constitute organised crime, and money laundering could not bootstrap EOCOs jurisdiction over the predicate theft. Exercising supervisory jurisdiction, the Court quashed the 2 March and 18 April 2023 orders, refused prohibition, and affirmed that ex parte confirmation under Section 34(1) is permissible.
AMADU JSC:-
INTRODUCTION
(1)The key question that arises for our determination in this application is, whether the High Court, Financial and Economic Division 2, Accra acted in conformity with the statute that set the limits of authority of the Economic and Organised Crime Office (EOCO), the Interested Party herein, when it confirmed a freezing order over the assets of the Applicant herein. The 1992 Constitution under article 18 guarantees the right to property of every person in Ghana and prohibits interference with that right except in accordance with law. Thus, whereas the Constitution guarantees that individuals are free to enjoy the benefit or use of their properties without unnecessary hindrance, it is equally permits that properties unlawfully acquired may be taken away from their owners. The state has established a number of agencies with the mandate to trace and recover illegally acquired properties and the Interested Party herein is one of those agencies. However, in order that there is order in the fight against crime, the state has carefully delineated the areas of operation of the different institutions and, where there is need for cooperation among those institutions, the legislations expressly provides for that. Article 23 of the Constitution provides as follows; “Administrative bodies and administrative officials shall act fairly and reasonably and comply with the requirements imposed on them by law and persons aggrieved by the exercise of such acts and decisions shall have the right to seek redress before a court or other tribunal.” Therefore, though this case invokes our Supervisory Jurisdiction over the High Court, its importance also draws from the above injunction of our Constitution.
BACKGROUND TO THE APPLICATION
(2)On the 30th day of May, 2023, the Applicant filed the instant application invoking the supervisory jurisdiction of this court for an order of certiorari and/or prohibition directed at the High Court, Accra, Financial and Economic Division (Court 2) in respect of its orders and/or decisions made on the 18th day of April, 2023 and the 2nd day of March, 2023. The application arises from the following facts.
(3)The Applicant, Malik Ibrahim and Alhaji Zakaria Ibrahim are siblings. Alhaji Zakaria Ibrahim is the owner, Chief Executive Officer and Chairman of Pacific Oil Ghana Limited (POGL). Until his resignation from POGL in July 2021, the Applicant was said to be the Vice Chairman of the company and in charge of all operat