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Application to defreeze bank accounts of Dr Opuni dismissed

By Clement Edward Kumsah
Application to_defreeze_bank_accounts_of_Dr_Opuni_dismissed
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Criminal Court 4 of the Accra High Court, has thrown out an application by the former CEO of Ghana Cocoa Board (COCOBOD), Dr Opuni, to defreeze his accounts.

According to the court, the Economic and Organised Crimes Office (EOCO) has the right to protect the public purse and the need to balance the rights of individuals and the state, hence, upheld the decision to freeze Mr Opuni’s accounts.

However, the court presided over by Justice Georgina Mensah Datsa, faulted EOCO for not acting on time, saying all the back-and-forth would have been halted if it had acted after citing Dr Opuni for financial malfeasance.

Meanwhile, lawyer, for Dr Opuni, Kojogah Adawudu has said they will apply for the ruling and take a decision afterward.

“The court said they have dismissed our application, we will apply for the ruling and take a decision but we are not surprised because that same court has made two different orders, so which one does she validate and which one does she say it is not right. So the court itself is put in a difficult situation, so we will look at the reasoning and from there we can advise our client and take it from there”.

EOCO justifies why Dr Opuni's accounts are still frozen

Counsel for the Economic and Organised Crime Office, (EOCO) Jacqueline Avotri has said the freezing of the accounts of former CEO of COCOBOD Dr Stephen Opuni, for the second time, was to safeguard the funds.

Lawyer Jacqueline Avotri said EOCO was just being cautious to ensure that proceeds of crime were not dissipated before the trial ends.

Counsel for EOCO Jacqueline Avotri told the Court, presided over by Georgina Mensah-Datsa, that the first order to freeze the accounts was solely for investigative processes leading to the prosecution of the accused person.

Counsel for EOCO Jacqueline Avotri, however, told the Court that investigation was a process and at the time the directive was issued, Dr Opuni was already standing trial, adding that the notion that EOCO deceived the Court was incorrect and that it did not deceive the Court in any way.

She noted that the function EOCO played in the recovery of proceeds of crime was not in doubt as the Court had confiscated a number of properties to the State on the Application of the Executive Director of EOCO after investigations by a number of State agencies and after a successful prosecution.

“EOCO cannot initiate criminal proceedings without the authorization from the Attorney General’s Department,” she added.

Lawyer Jacqueline Avotri continued that the Executive Director’s role was to facilitate and investigate trials and not to conduct trials, because the A-G did not have the powers of investigation, freezing of accounts, seizure or confiscation of assets.

She said the approach by the boss of EOCO did not amount to an abuse of the Court Process, explaining that EOCO had not engaged in a multiplicity of suits because currently there was only one confirmation order dated April 24, 2018, to freeze the accounts.

Lawyer Jacqueline Avotri thus asked the Court to rebuke the Counsel for Dr Opuni, for describing EOCO as a “monster”.

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