April 28, 2022
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
This Ghana Court of Appeal decision concerns the confiscation of House No. 5, 4th Asoyi Link, East Legon Extension, Accra, following the high-profile UK conviction of Nayele Ametepe (also known as Ruby Appiah/Ruby Adu Gyamfi) for cocaine trafficking. EOCO and NACOB sought confiscation based on a perceived link between Nayele and the property—occupancy, a borehole she funded, and AMA property rate entries bearing “Madam Ruby.” The claimant, Nayele’s mother, contested, producing a deed of conveyance (indenture), vendor testimony, and builder testimony to prove ownership, plus evidence of legitimate trading and finances. The Court held the AMA records reflect occupancy and revenue, not title; Section 45’s presumption under Act 804 is rebuttable; and, absent proof the property belonged to the convict or was acquired from criminal proceeds, confiscation was unwarranted. The appeal succeeded and the order was quashed.
DZAMEFE JA:
FACTS
On 10th day of November 2014, the respondent Nayele Ametepe, was arrested at the Heathrow Airport by the United Kingdom Border Force with 12.5 Kg of cocaine a narcotic drug and was consequently charged for “Concerned in evasion of prohibition/restriction on import imposed by Section 3(1) of MDA 71-Class A drug of the United Kingdom.
That on the 6th day of January, 2015 the respondent was arraigned before the Crown Court at lsleworth in London, presided over by His Hon. Judge Martin Edmunds QB in case Ref. T20141080, she pleaded guilty and upon her own plea was convicted and sentenced to a term of Eight (8) years, Eight (8) months imprisonment In Hard Labour (IHL). The respondent Nayele Ametepe alias Ruby Appiah @ Ruby Adu Gyamfi) served her prison sentence at HMP SEND RIPLEY- WOKING SURREY GU 23 7LJ PRISON with Prison Number A9518DH in the United Kingdom.
On 5th January 2015, HOUSE No.5, 4th Asoyi Link, East Legon Extension, Accra was seized by the 2nd Applicant/Respondent by pasting seizure notices on the walls of the house.
Subsequently, an unnumbered house at Pease, Kuntunase in the Ashanti Region of Ghana was also identified as belonging to the Respondent/Convict and therefore liable for confiscation.
The Claimant herein filed a motion on notice of interest on 23rd February 2016 in respect of both Houses.
On 6th October 2016, hearing of the application commenced where both parties that is the claimant and respondent called their witnesses and tendered documents to support their cases. At the close of the case the court delivered its ruling on 25th of July 2017, confiscating House No.5, 4th Asoyi Link, East Legon Ext, Accra as belonging to the Respondent (Nayele Ametepe) to the state.
The Claimant dissatisfied with this ruling launched this appeal on the following grounds:-
GROUNDS OF APPEAL
1. That the judgment is against the weight of evidence considering the facts and the evidence adduced before the court.
2. The court erred on the means by which ownership or title to landed property may be proved in Ghana
ADDITIONAL GROUNDS;
3. The learned judge erred in law in her conclusion that the mere construction of a borehole by the respondent on the Claimant/Appellant’s property for the purpose of temporary occupation created proprietary interest entitling confiscation by the State of the said property in accordance with Narcotic Control Legislation.
4. The learned trial judge erred when she held that the mere establishmen