YAW OSAFO MAAFO v. ECONOMIC AND ORGANISED CRIMES OFFICE
2012
HIGH COURT
GHANA
CORAM
- DENNIS ADJEI, J.A
Areas of Law
- Constitutional Law
- Administrative Law
- Criminal Law and Procedure
2012
HIGH COURT
GHANA
CORAM
AI Generated Summary
The plaintiff sought a declaration that the defendant's investigations into alleged fraud in the construction of stadia for CAN 2008 were unlawful due to bias and requested an injunction pending the suit's final determination. The court examined whether common law principles could override statutory duties and found that the defendant's actions did not demonstrate an improper use of statutory discretion. The court ultimately held that the defendant was performing its statutory functions under the Economic and Organized Crime Act without abuse of power, and refused the application for an interlocutory injunction.
DENNIS ADJEI, J.A.:
The plaintiff per his writ of summons is claiming against the defendant for:
“(i) A declaration that the purported investigations being undertaken by the Defendant into the so-called “suspected serious offences including fraud in the award and execution of contract for the construction of stadia for CAN 2008”, and the invitation of the plaintiff herein to assist Defendant in those investigations, are actuated by bias and prejudice and therefore, unlawful under the Constitution, 1992.
(ii) A declaration that all the circumstances involving the payment of the colossal sum 58,095,974.13 Ghana Cedis of money to Alfred Woyome and the acts utterances of the president, the Deputy-Attorney General and the Defendant disable the Defendant from acting in a manner which is fair and reasonable.
(iii) A declaration that the purported investigations being undertaken by the Defendant into the so-called :suspected serious offences including fraud in the award and execution of contract for the construction of stadia for CAN 2008”, and the invitation of the plaintiff herein to assist Defendant in those investigations, are unlawful to the extent that they are issues raised in a report of the Auditor-General duly laid before parliament;
(iv) An order of perpetual injunction restraining the Defendant form proceeding with the investigations into so-called “suspected serious offences including fraud in the award and execution of contract for the construction of stadia for CAN 2008”.
(v) Any other relief as to this Honurable Court may deem fit”.
The brief facts of the case are that the defendant per a letter dated 5th January, 2012 invited the defendant, a former Minister of Education, Youth and Sports pursuant to section 19(1) of the Economic and Organized Crime Act, 2010. (Act 804) to appear before the defendant’s Executive Director on 10th January, 2012 at 10:00a.m. The purpose of the invitation was that the defendant is investigating Suspected Serious offences including fraud in the award and execution of contract for the construction of stadia for CAN 2008.
The plaintiff therefore instituted this action and averred several reasons explaining why he should not appear before the defendant. The defendant, however, is of the opinion that the plaintiff cannot refuse to appear before it and has also assigned several reasons to support its position.
On 10th January, 2012, the plaintiff filed an application for interlocutory injunction praying for an orde