NACOB confiscation and matters arising

By
Kelly Menz
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0

NayeleMercy – PNDCL or Act 236 seems to empower police upon a request by an authority (say the AG) to search and seize assets connected to a person accused of narcotic offence. There would be a request from a foreign authority for the purpose. The asset could be for purposes of the case and may be returned to the accused depending on the outcome of the case. S. 49(6) provides: “Where the order of the foreign authority or the foreign court is a final order for the forfeiture of the property, it shall be deemed to be an order for the forfeiture of it to the Government made by a court in Ghana, and shall, accordingly, be dealt with in accordance with the provisions of this Law applicable to an order for forfeiture by the court.” Kojo, Kwame, Egbert, how practically do gh authorities proceed when a conviction is not by a gh court?

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  • Egbert Faibille. Jnr The issue is the use of ‘deemed’ in the law and whether the Crown Court made any order for the forfeiture of Nayele’s properties.
    Yesterday at 6:40am ? Like ? 5
  • Richard Opoku Hmm thanks papa lawyer Samson Lardy
    Yesterday at 6:44am ? Like
  • Ing Sami Oduro Counsel something bothers my mind here,does this apply to Amoateng?
    Yesterday at 6:48am ? Like ? 1
  • Selorm Branttie We arent praying this time?
    Yesterday at 6:52am ? Like ? 3
  • Kwame Boafo Akuffo First principles. Reciprocal enforcement of court orders and Judgements is aptly captured by LI 1575. It is only applicable to Countries captured in the schedule. Be that as it may , the court did not make any finding to the effect that her assets were obtained via proceeds of the drug business. The lawyer gave bad advice with respect to her vulnerability story. It brought her close to the wind ; a pseudo confession that she lived off and acquired assets from returns of the drug trade. Egbert Faibille. Jnr and Samson Lardy; what do you think?
    Yesterday at 6:55am ? Like ? 15
  • Quami Fiak Samson does it mean NACOB cannot confiscate her properties in Gh here unless UK court order dem to so?
    Yesterday at 6:57am ? Like
  • Akaboka Ignatius :
    Yesterday at 7:00am ? Like
  • Dylove Arkhurst We are asking for mercy @ Selorm. lol
    Yesterday at 7:32am ? Like
  • Malik Daabu I thought the case is pending for confiscation ruling later in July.
    Yesterday at 7:38am ? Like ? 1
  • Egbert Faibille. Jnr Afehyia Pa@Kwame, I agree with you.
    Yesterday at 7:48am ? Like
  • Jake Bakero Tertius Respectfully I am of the considered opinion that even where the foreign court makes no such orders, NACOB has inherent powers to institute asset confiscation procedures against a narcotic offence convicted person provided NACOB reasonably suspects that the said property was acquired with money made from drugs, and has evidence to prove the said reasonable suspicion! In fact the law even puts the burden of proof on the defence! And in the audio recording I heard the NACOB official say “its just the beginning of the process & not the confiscation yet”! If the family succeeds in proving that the said property was legally acquired/not the proceed of drugs they’ll get their property back. Humbly submitted.
    Yesterday at 8:10am ? Like ? 5
  • Samson Lardy Thanks Jake. To the extent that NACOB moves in in pursuing fresh independent investigations, it can proceed against same upon reasonable suspicion.
    Yesterday at 9:08am ? Like ? 1
  • Baaberihin Richard enjoying the legal brains
    Yesterday at 9:12am ? Like
  • Isaac Boatey-Agyei Is it “legal” for NACOB to post a notice of confiscation on her residential property at the beginning of the process without a court order? I thought it may be trespassing so please educate some of us.
    Yesterday at 9:29am ? Like
  • Samson Lardy Section 35?Seizure of Movable Property.

    (1) Any movable property which an authorised police officer reasonably suspects to be the subject matter of an offence under this Law or which has been used for the commission of that offence, or is illegal property, shall be liable to seizure.

    (2) Whenever any movable property is seized under subsection (1), the officer effecting the seizure, shall as soon as practicable, serve a notice in writing of the seizure and the grounds for the seizure on the owner of the property, if the owner and his whereabouts are known:

    Provided that the notice shall not be required to be served where the seizure is made in the presence of the person against whom proceedings under Part III are intended to be taken, or in the presence of the owner of that property or his agent, or in the case of an aircraft, in the presence of the pilot.

    (3) Subsection (1) shall not apply to any aircraft belonging to any person carrying on a regular lawful passenger or freight service within Ghana or to and from Ghana except where prosecution for an offence under this Law is to be instituted, or proceedings under Part III are to be taken, against the owner of the aircraft.
    Yesterday at 9:38am ? Like ? 1
  • Isaac Boatey-Agyei Samson Lardy, A house is not a movable property. I believe that land or a house is more of an immovable property so the law may not strictly apply here so the best they should have that is to post or inform them of an intention to seize the property so that they can defend it in court.
    Yesterday at 9:46am ? Like
  • Jake Bakero Tertius And who says the notice was not duly issued by a court Isaac Boatey? Besides that PNDCL 236 grants NACOB such powers. Check section 36 of the law and tell me what u think. But to help u, lemme quote the said section 36 here for u:
    ” NARCOTIC DRUGS (CONTROL, ENFORCEMENT AND SANCTIONS) LAW – 1990 (PNDCL 236)

    Section – 36 – Seizure of Immovable Property.

    (1) Where a police officer of or above the rank of Assistant Commissioner of Police reasonably suspects that any immovable property is the subject matter of an offence under this Law, or is illegal property, the property shall be liable to seizure, and the seizure shall be effected-

    (a) by posting, where practicable, a copy of the notice of seizure in a conspicuous position on the immovable property; and

    (b) by lodging a copy of the notice of seizure at the Lands Title Registry.

    (2) The Lands Registrar shall make an entry in the Register kept in his office of the terms of the notice of seizure of the immovable property.

    (3) The entry made under subsection (2) shall have the effect of prohibiting all dealings in respect of the immovable property and accordingly, after the notice has been lodged with the Lands Registrar, no dealing in respect of the immovable property shall be registered, whether it was lodged before or after the lodgment of the notice of seizure or the making of the entry.

    (4) Subsection (3) shall not apply to a dealing effected under this Law by a public officer in his capacity as such officer, or otherwise by or on behalf of the Government.”
    Sections 23-28 of the same law grants NACOB officers the same powers as the police including some special powers. The rank of Mr. Richard Nii Lante Blankson, the Deputy Executive Secretary who signed the said order is equal to that of a Deputy IGP. So tell me whether NACOB has done anything illegal??? People talk too much in this country without appraising themselves of all the facts & necessary authorities…
    Yesterday at 10:01am ? Edited ? Like ? 1
  • Daniel Yao Apedo Big ups our legal brains, Lardy and Jake more education. Respectfully some of us are here to learn from u.
    Yesterday at 9:54am ? Like
  • Felix Kofi Selasi Agbetornyo I am lost. I can’t find myself among these legal luminaries
    Yesterday at 10:00am ? Like
  • Kojo Ankumah Never regret coming to this page…so much education thanks Samson Lardy
    Yesterday at 10:39am ? Like
  • Samson Lardy Jake, there is also the applicable EOCO law to further ground the move.
    Yesterday at 10:46am ? Like ? 1
  • Jake Bakero Tertius Absolutely. The only reason why I didn’t put that out here is that someone may be tempted to say that law applies to EOCO & not NACOB & since “EOCO officers are not NACOB officers & it isn’t EOCO who is doing the confiscation this time round NACOB may be wrong in doing so” I decided to leave the EOCO Act out & rather limit myself to PNDCL 236 only…@ Samson Lardy
    Yesterday at 10:52am ? Like
  • Houston Emmanuel Samson Lardy, this time you forgot to ‘pray’. Why ‘Mercy’ this time? I am enjoying the legal tussle on your page though.
    23 hrs ? Edited ? Like
  • Isaac Boatey-Agyei Jake Bakero Tertius, Thanks for the education, but slow down a bit. I was enjoying your comment until the last paragraph. Some of us come for here for education but what I know is that there’s always two sides of the legal coin so please keep educating us without your last sentence. After all no one is the repository of knowledge. Hahaha.
    23 hrs ? Like ? 1
  • Jake Bakero Tertius I agree & that part of the comment is not directed at u personally. Its a general observation I have made. Some individuals in Ghana are so quick to comment on issues in the media without being aware of the full facts. Since this matter broke yesterday I have heard some people even “insult” NACOB as saying they’re hypocrites & that instead of arresting the lady here in Ghana, they allowed her to pass & now that they should bow down their heads in shame, they’re engaged in some illegal face saving act. And some of these persons are learned highly respected people in society! This phenomenon is very troubling for me & that’s what I sought to put across in that Patt of my comment. So I wasn’t referring to u Isaac Boatey-Agyei
    23 hrs ? Like ? 1
  • Isaac Boatey-Agyei Jake Bakero Tertius, I am with you. Thanks for the clarification.
    23 hrs ? Like ? 1
  • Kwesi Forkuor Benyin Samson Lardy,please take a look at section 15 of the Act and tell me what you think.i think it still gives NACOB an inherent jurisdiction to institute proceedings for confiscation.but I would still need to know what you make of it.
    22 hrs ? Like
  • Samson Lardy That’s what my comment above about “fresh independent investigations” deals with. Cheers
    22 hrs ? Like ? 1
  • Nana Medimehene Dwamena Frempah Thanks guys for these legal education on this matter. I’m enjoying it. More should come
    20 hrs ? Like
  • Morgan Gamel Is Nacob the justice of Gh.
    19 hrs ? Like
  • Morgan Gamel I can’t understand Akresi Sarpong behaving as a lawyer and judge at same time . Can’t he wait for justice to give orders first
    19 hrs ? Like
  • Jake Bakero Tertius Morgan Gamel what are u saying? Did u read the law of NACOB, especially sections 15, 36 & 49, and the comments above? I strongly doubt if u did; else u’d have found out that your comment/question moot! Please make sure u’re well vexed with issues before u comment on them!!!
    18 hrs ? Like ? 1
  • Festus Matey Great discussion. Anyway we must ascertain the title to the land. What happens if the land title is in the name of another let’s say the mum though it is public knowledge that she built the house. Do we have title to a land or title to a house?
    And how could such confiscation in this regard be done?
    17 hrs ? Like
  • Jake Bakero Tertius Festus Matey I can tell u on authority that NACOB will not start such a process without ascertaining the true ownership of the building. Secondly when u take lessons in money laundering, organized crime & drug trafficking, u’ll realise that most of the…See More
    14 hrs ? Edited ? Like ? 2
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