Private ‘thievery’ not under EOCO’s remit- SC quashes High Court order

The Supreme Court has quashed an order of the High Court secured by the Economic and Organised Crime Office(EOCO) against one Malik Ibrahim.

The apex court noted in its ruling in a Judicial review action that such matters which bother on allegations of theft by private persons, do not fall under EOCO’s remit but rather under the Criminal Investigation Department(CID) of the Ghana Police Service.

Per the facts of the case gathered by DL news, the applicant allegedly stole money from his brother and invested the same in moveable and Immoveable property.

The case was then reported to EOCO which in the process of dealing with the matter, secured an ex-parte order at the High Court to freeze the account of the applicant thus leading to his invocation of the supervisory jurisdiction of the apex court against the High Court, (Financial and Economic Crime Division).

The panel, during the previous sitting, cautioned the EOCO to be wary of fighting private fights and stay within its lane.

Also, at this same sitting, one issue that raised great debate and disagreement was whether such an instance of theft falls under the offense of money laundering as captured by EOCO.

Therefore, when the case was called today for the ruling, the panel presided over by Justice Pwamang, in giving the unanimous decision of the court, granted the writ of certiorari thus quashing the orders of the High Court on the ground of error of law.

Further, the court held that the case does not fall under the statutory remit of the EOCO but under that of the CID of the police service.

The court however denied the applicant's prayer for prohibition against the High Court judge.

Other members of the panel were Tanko JSC, Lovelace JSC, Mensa-Bonsu JSC, and Koomson JSC.