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YAW OSAFO MAAFO v. ECONOMIC AND ORGANISED CRIMES OFFICE

2012

HIGH COURT

GHANA

CORAM

  • DENNIS ADJEI, J.A

Areas of Law

  • Administrative Law
  • Civil Procedure
  • Constitutional Law

AI Generated Summary

This judgment by Dennis Adjei, J.A. concerns an interlocutory application by a former Minister of Education, Youth and Sports seeking to restrain the Economic and Organized Crime Office (EOCO) from investigating suspected serious offences, including alleged fraud related to contracts for the construction of stadia for CAN 2008. EOCOs invitation followed a 5 January 2012 letter directing the plaintiff to appear on 10 January 2012 under Act 804. The plaintiff sought declarations that the investigations were unlawful and biased, citing the payment of GHS 58,095,974.13 to Alfred Woyome and official statements, and requested a perpetual injunction. The court emphasized the constitutional hierarchy of laws and held that common law injunction principles must yield to statute. Relying on Supreme Court authority, it found EOCO was performing its statutory mandate without evidence of improper discretion and refused the injunction, while directing EOCO to comply strictly with Act 804 and constitutional safeguards, including notice and respect for dignity and fairness.

RULING