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The suspect, a Nigerien, was at the Human Rights Court to challenge the confiscation of his $400,000 when he was in transit at the Kotoka International Airport (KIA) when he was travelling in September 2012.
A year after the confiscation, the Fast Track Division of the High Court ordered that the confiscated money be disbursed, with the Judicial Service having 15%; the Economic and Organised Crimes Office (EOCO), 5%; Attorney General’s Department, 10% and 70% for NACOB.
Moro consequently sued the Ghana Revenue Authority (GRA), Bank of Ghana, EOCO and NACOB at the Human Rights Court where judgement was delivered in his favour.
Fleeting Victory
But the triumph of Moro was short-lived as officials of the anti-drug body stormed the court to arrest the applicant who was being represented by Alexander Afenyo Markins, Member of Parliament for Efutu Constituency.
The applicant and his lawyer had come to the court to execute the judgement of the court, the stay of which state prosecutors had failed to execute.
The scene turned chaotic when Markins and Moro’s brother attempted to intervene to prevent the NACOB officials from whisking Moro away to no avail.
Judgement
The court, presided over by Justice Anthony K. Yeboah, in a May 13, 2016 judgement, nullified the confiscation of the money and ordered the state to release it to Moro.
The judge said it was evident from the records that the funds exceeded the Bank of Ghana limit and that they were not tainted with illegality or criminality, adding that the applicant had not been convicted of any crime known under the laws of the country.
Justice Yeboah, among other things, stated that both EOCO and NACOB had so far not provided for the benefit of GRA or more importantly the court, the outcome of any findings or investigation into the matter (assuming that any such investigation was conducted by them.)
The trial judge contended that an analysis of the processes filed so far in the matter would show that EOCO and NACOB initiated the confiscation proceedings on the basis of the erroneous belief that the applicant had made the claim for his funds in time, insisting that “a simple reference to GRA on the matter would have corrected this erroneous belief of EOCO and NACOB.”
Order
As a result, the High Court judge said the order to confiscate made by the Financial Division of the High Court was null and void for being contrary to statutory law, stressing that same must be brought and quashed.
He said the notice of seizure must be set aside while the said amount seized per the same notice dated September 10, 2012 must be returned to Moro.
Justice Yeboah awarded a cost of GHC20,000 against the applicants, who offered GHC2,000.
The judge said he had taken into consideration the fact that Moro was not resident in Ghana and had to travel to Ghana on numerous occasions between 2013 and this year to fight for the release of the money, as well as the fact that it had taken two-and-a-half years to obtain an order for the release of his money.
Meanwhile, state prosecutors are poised to resort to the Appeal Court to appeal against the judgement of the High Court.
