REPUBLIC v. HIGH COURT, EX PARTE: MALIK IBRAHIM & ANOR

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