NACOB officials, family of Nigerien in a brawl over $400,000
There was drama on the premises of the Law Court Complex in Accra yesterday when an attempt by officials from the Narcotics Control Board (NACOB) to arrest a Nigerien there turned into what could be described as a wrestling contest.
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The NACOB officials tried to arrest Halidou Morou after a court hearing, but his brother intervened, a situation which led to a struggle between the brother and the officials.
In the ensuing melee, a NACOB official knelt down and pinned Morou’s brother down, while two others could be seen stepping on him.
Morou, together with his brother, was eventually arrested and whisked away.
The incident happened in the full glare of Morou’s lawyer, Mr Alexander Afenyo-Markin, who protested furiously.
According to the NACOB officials, they had orders to arrest Morou.
State power
Speaking to the press after the incident, Mr Afenyo-Markin expressed his disappointment, describing the incident as “a show of state power”.
He stated that the incident was a clear indication that NACOB did not understand the rules governing due process.
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“It is a very sad day for Ghana. This is an abuse of my client’s rights and we will advise ourselves and make sure that the right thing is done to restore his freedom,’’ he said.
Below is a video of the incident
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Background
On September 10, 2012, officials from the Customs Division of the Ghana Revenue Authority (GRA) seized $400,000 from Morou after they found it on him when he made a transit at the Kotoka International Airport.
The seizure was because the said amount was more than the $10,000 which is the maximum amount of money that an individual can travel with as stipulated by the Foreign Exchange Act, 2006.
The Financial Division of the High Court, on September 12, 2013, ordered the state to confiscate the money, following an application by the Economic and Organised Crime Office (EOCO).
The court ordered that the money be shared as 15 per cent to the Judicial Service, 10 per cent to the Attorney-General’s Department, 70 per cent to NACOB and five per cent to EOCO.
Application
Not satisfied with the order, Morou filed an application at the Human Rights Division of the Accra High Court on November 11, 2015 seeking an order for the state to release his money to him.
The court, presided over by Mr Justice Anthony Yeboah, upheld his application on May 13, 2016 and ordered the state to release the money to him.
The court held that the confiscation order granted by the Financial Court was null and void because it violated the Foreign Exchange Act, 2006 (Act 723), the Anti-Money Laundering Act, 2007 (Act 749), the EOCO Act, 2010 (Act 804) and Article 18 of the 1992 Constitution.
According to the court, the money was not tainted by any illegality or criminality and, therefore, the Financial Court should have considered the fact that Morou was not convicted of any crime or did not undergo any prosecution.
Appeal
The EOCO and NACOB filed a motion for stay of execution of the order pending an appeal at the Court of Appeal.
The legal teams of the two state institutions, together with Morou and his legal team, were, therefore, at the Human Rights Court in connection with the case.
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It was after the hearing of the case that the incident occurred.