SIX NPP MACHOMEN ARRESTED AND GRANTED BAIL OVER BIOMETRICE REGISTRATION WAHALA

By Felix Engsalige Nyaaba

 An Accra  Fast Track High Court yesterday threw out the  application for interlocutory injunction  filed by Mr. Yaw Osafo Marfo, a former  Minister of Education, Youth and Sport, to restrain the  Economic Organized Crime Office (EOCO) from investigating him  over the GHC 51.2 million  judgment debt payment saga.

The court yesterday similarly, threw out another application for injunction to restrain the EOCO filed by Hon. Osei Bonsu Amoah, popularly known as O.B Amoah, a former deputy Minister of Youth and Sport under the erstwhile NPP regime from investigating him.

The court presided over by Sir. Justice Dennis Adjei held that, the applications were without merits in law, for the Economic and Organized Crime Office is a statutory organization established by the common laws of the state and therefore has the legal requisite to investigate the two former ministers..

The presiding judge further said, the High Court would be acting in excess in its jurisdiction if it was to uphold the applications and injunction to restrain the EOCO from performing its statutory obligation as enshrined in Article 11(1) and (2) of the 1992 Constitution of the country.

According to the court, the applicants have failed to show evidence of bias or unfair treatment if they were to appear before the EOCO upon it request for them to appear and to assist investigation of fraud in relation to the rehabilitation of stadia’s for the CAN, 2008.

Sir. Justice Adjei said, the court would be careful in granting injunction against statutory institution, except such an institution has not been established by an Act of law or has exceeded in its statutory obligation or duties.

He held that, the Economic and Organized Crime Office, per it function as established by Act 804 of Act (2010) , has the powers as that of the police services to initiate and investigate crimes, to prevent and detect crimes,  to investigate fraud  and other financial crimes  including  the fraud allegation involving the applicants over  the Alfred Woyome judgment debt payment  saga.

Justice Adjei ,  in his ruling also advised  the EOCO to be professional and fairness in its quest to sources information from suspects or persons it invites to appear and give information.

According to the judge, the EOCO must ensure that the person it inviting is the appropriate person to be investigated, he or she is the proper person to assist in the investigation, he has the right to appear with a lawyer, the date and time to appear, the person appearing would be giving protection and that there would be  no bias or unfairness against him or her.

Mr. Yaw Oasrfo Marfo was in court without his lawyer, Mr. Godfred Yeboah Odamey, while Mr. O.B Amoah on the other hand was also absent but represented by his legal counsel.

Meanwhile the EOCO has halted its investigation against the two applicants since they have   already appeared before the police investigation team on the matter.

 Messer. Osafo Marfo and O.B Amoah   prior to their suit   refused to honour the EOCO invitation to help in getting the truth of the matter over the GHC51.2 million judgment debt involving Alfred Woyome.

The EOCO on the other hand still went ahead, conducted its preliminary investigation into the scandal and has since submitted its report to the President Mills.