THE REPUBLIC v. HALIDOU MOROU
2022
COURT OF APPEAL
GHANA
CORAM
- V. OFOE, J. A (PRESIDING)
- M. WOOD (MRS), J.A
- S. ESSAH (MRS), J.A
Areas of Law
- Criminal Law and Procedure
- Evidence Law
- Administrative Law
2022
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
This criminal appeal arose after the High Court ordered an accused to open his defence on five counts relating to concealed foreign currency, import/export rules, and money laundering. The Appellant, a Niger national intercepted at Kotoka International Airport in 2012 with US$400,000 strapped to his legs, had his funds seized, later forfeited by a High Court order, and subsequently refunded by the Human Rights Division. Despite a GRA investigation recommending release, EOCO reinvestigated, and the State charged the Appellant. On appeal, the Court of Appeal reaffirmed the prima facie standard at the close of the prosecution’s case, held that Counts 1 and 3 under PNDCL 330 were statute-barred by the four-year limit, but upheld the trial court’s decision requiring the Appellant to open his defence on Counts 2, 4, and 5. It also confirmed EOCO’s mandate under the Attorney-General’s authority, rejected the transit exemption argument, and found mischarging the money laundering count under Act 749 not fatal.
MERLEY WOOD (MRS), JA
The Appellant who was aggrieved by and dissatisfied with the ruling of the High Court, Financial Division delivered on 19th June 2020 calling upon him to open his defence after a submission of no case, filed an appeal against same to this Court as per a Notice of Appeal dated 9th July 2020. The Appellant will hereinafter be referred to alternately as Appellant or Accused person.
The facts giving rise to the launch of this appeal are that on 10th September, 2012, the Appellant, a Niger national, arrived at the Kotoka International Airport from Dubai. While going through the arrival formalities, he was questioned by some officials of the then Narcotic Control Board on suspicion of carrying narcotic drugs. A search on his body revealed some bulky materials tied to his legs which turned out to be one hundred dollar bills arranged in bundles of $200,000.00 on each leg. When he was questioned about the source and purpose of the money, he gave unsatisfactory answers and the money was sent to the Customs desk at the Airport and thereafter the case was reported to the Economic and Organised Crime Office (EOCO) for investigations. On the 17th of September 2012, EOCO wrote to the Commissioner, Customs Division, Ghana Revenue Authority (GRA) informing him that someone by the same name as the Appellant was being investigated for money laundering and would therefore request the monies and the Appellant be released to it to assist in the investigations (See page 235 of the Record of Appeal)
In a letter dated 26th of September 2012, the Commissioner GRA replied releasing the said amount of US$400,000.00 to the EOCO but indicated in their response that the Appellant was not in their custody. A receipt issued for this amount which was dated 1st October, 2012, also stated that the money and the Appellant was the subject of EOCO investigations, hence the request for the monies. On 24th July 2013, the Commissioner of Customs (GRA) wrote to the EOCO asking for an update of their investigations, the status of the seized currency and further requesting from the EOCO to collaborate with the Commissioner in getting the money transferred to the Bank of Ghana as required by law. The same request was repeated by the GRA to EOCO on the 6TH August 2013. On the 2nd of May 2014, the GRA again wrote to EOCO asking for a report of EOCO’s investigations to enable the GRA respond to a petition from the Embassy of Niger.
By letters dated 8th May 2014 and 23rd November