THE EXECUTIVE DIRECTOR & ANOTHER VS NAYELE AMETEPE & ANOTHER (H1/79/2022) [2022] GHACA 75 (28 April 2022)

THE EXECUTIVE DIRECTOR & ANOTHER VS NAYELE AMETEPE & ANOTHER (H1/79/2022) [2022] GHACA 75 (28 April 2022)

The claimant/appellant established ownership of the property by documentary and oral evidence, rebutting the presumption of taint under EOCO Act. The applicants failed to prove the property was acquired with proceeds of crime or belonged to the convict. The trial High Court erred by relying on assumptions and property rate bills rather than legal proof of ownership. Confiscation order was not supported by the weight of evidence.

Citation
THE EXECUTIVE DIRECTOR & ANOTHER VS NAYELE AMETEPE & ANOTHER (H1/79/2022) [2022] GHACA 75 (28 April 2022)
Parties
Plaintiff/respondent: Executive Director, Economic & Organised Crime Office; Plaintiff/respondent: Narcotics Control Board; Respondent/convict: Nayele Ametepe; Claimant/appellant: Madam Akua Adubofour
Court
ghaca
Jurisdiction
Ghana
Judgment Date
28 April 2022
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
appeal allowed; confiscation order quashed
Legal Topics
Confiscation of Property, Tainted Property, Burden of Proof, Ownership of Land, Proceeds of Crime, Presumption of Innocence, Third Party Rights
Source Language
eng
Criminal Law Property Law Evidence Law Constitutional Law Confiscation of Property Tainted Property Burden of Proof Ownership of Land +3 more

Case Brief

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Parties

Executive Director, Economic & Organised Crime Office

Plaintiff/respondent

Narcotics Control Board

Plaintiff/respondent

Nayele Ametepe

Respondent/convict

Madam Akua Adubofour

Claimant/appellant

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether House No.5, 4th Asoyi Link, East Legon Extension, Accra is tainted property liable to confiscation under EOCO Act 804
  2. 2 Whether the claimant/appellant established ownership of the property on a balance of probabilities
  3. 3 Whether the trial High Court erred in relying on presumptions and property rate bills to determine ownership

Ratio Decidendi

The claimant/appellant established ownership of the property by documentary and oral evidence, rebutting the presumption of taint under EOCO Act. The applicants failed to prove the property was acquired with proceeds of crime or belonged to the convict. The trial High Court erred by relying on assumptions and property rate bills rather than legal proof of ownership. Confiscation order was not supported by the weight of evidence.

Court Disposition

appeal allowed; confiscation order quashed

Orders

  • Confiscation order against House No.5, 4th Asoyi Link, East Legon Extension, Accra is set aside.
  • Claimant may apply for transfer of interest as per Section 55(2) of Act 804.