TAKE NOTICE that Counsel for and on behalf of the Applicant herein will move this Honourable Court praying for a confiscation order against the Respondent’s residential property bearing H/No. DC 58 FLASK ST. GD-094-2105, Lakeside Estates, Ashalley Botwe, South-East Adenta, Accra, being tainted property, as per the grounds contained in the accompanying affidavit.

AND for such order or further orders as to this Honourable Court may deem fit.

COURT to be moved on …… day of ……………… 2025 at 9 O’clock in the forenoon or so soon thereafter as Applicant may be heard.

DATED AT THE OFFICE OF THE NARCOTICS CONTROL COMMISSION LEGAL CHAMBER, ACCRA THIS 7^TH DAY OF MAY, 2025.

……………………………………….
EMMANUEL HAMMOND ESQ.
LAWYER FOR APPLICANT
MY PRACTISING CERTIFICATE NO. IS eGAR02421/25

THE REGISTRAR,
HIGH COURT, (FINANCIAL COURT)
ACCRA.

AND TO THE ABOVE-NAMED RESPONDENT

IN THE SUPERIOR COURT OF JUDICATURE IN THE HIGH
COURT OF JUSTICE (FINANCIAL DIVISION) ACCRA – A.D. 2025

SUIT NO: SUIT NO:  FT/0050/2025

IN THE MATTER OF THE NARCOTICS CONTROL COMMISSION ACT, 2020, ACT1019

AND

IN THE MATTER OF AN APPLICATION FOR AN ORDER FOR CONFISCATION OF THE TAINTED PROPERTY OF AGO LARTEY PURSUANT TO SECTIONS 80 & 81 OF THE NARCOTIC CONTROL COMMISSION ACT 2020, ACT 1019.

 

I, OSEI AMPONSAH BROBBEY, of No. 6 Airways Avenue, Airport Residential Area in the Greater Accra Region of the Republic of Ghana make oath and say as follows:

1. That I am the deponent herein.
2. That I am a Narcotics Control Officer with the Narcotics Control Commission and have the general authority and consent of the Applicant to depose to this affidavit of facts which are within my peculiar knowledge, information or belief unless otherwise expressly stated.
3. That the Respondent is a convict prisoner currently serving prison sentence at the Medium Security Prison, Male Section, Nsawam in the Eastern Region.
4. That the description of the property in respect of which the confiscation order is sought is :
   A fully fenced piece or parcel of land lying being and situate at Lakeside Estate – Katamanso in the Greater Accra Region of Ghana known as Plot No. 041 Com 2 from pillar SGGA 22/93/019/71/98 Taking the bearing of 015.14 measuring 4435.1 feet more or less to SGGA 1433/06/041A bounded on the West by plot number 041A Com 2 by bearing 021.17 measuring 86.0 feet more or less to SGGA 1433/06/041B bounded on the North by plot number 041B Com 2 by bearing 109.31 measuring 79.3 feet more or less to SGGA 1433/06/041C bounded on the East by plot number 041C Com 2 by bearing 201.34 measuring 96.2 feet more or less to SGGA 1433/06/041D bounded on the South by a road by bearing 296.55 measuring 79.1 feet more or less to SGGA 1433/06/041A from SGGA 1433/06/041D to SGGA 22/93/019/71/99 by bearing 195.44 measuring 4786.0 feet more or less containing an approximate total area of 0.17 acre (0.07 hectare) more or less with a single-Storey Sandcrete block four (4) bedrooms residential building thereon bearing H/No. DC 58 FLASK ST. GD-094-2105, Lakeside Estates, Ashaley Botwe, South-East Adenta, Accra.

(See pictures and site plan relating to the land attached hereto and marked as Exhibits ‘OAB 1’, ‘OAB 1 (a)’ and ‘OAB 2’ respectively)

5. That the name and address of the person who is believed to be in possession of the property is:

NAME	ADDRESS
(i) Ethel Martekie Ashley	H/No. B 34, Pokuase – SDA, Accra.

6. That the grounds for the belief that the Respondent is a liable person are: (i) That in the year 2018 the Respondent as first Accused (1^st Accused) was charged with four counts of narcotic related offences before the High Court, Accra as follows:

Count 1: With possession of narcotic drug without lawful authority contrary to Section 2(1) of the Narcotics Drugs (Control, Enforcement and Sanctions) Act, 1990, PNDC Law 236.

Count 2: with possession of narcotic drug without lawful authority contrary to Section 2(1) of the Narcotics Drugs (Control, Enforcement and Sanctions) Act, 1990, PNDC Law 236.

Count 3: with attempted exportation of narcotic drug without lawful authority contrary to sections 56(a) and 1(1) of the Narcotic Drugs (Control, Enforcement and Sanctions) Act 1990, PNDC Law 236.

Count 4: with use of property for narcotic offence contrary to Section 10 (a) of the Narcotics Drugs (Control, Enforcement and Sanctions) Act, 1990, PNDC Law 236.

(ii) That on the 29^th day of January, 2020 the High Court, Accra presided over by her ladyship Justice Georgina Mensah-Datsa after full trial found the Respondent guilty and convicted him on all the counts above in her Judgment.

(See photocopy of the Judgment dated 29^th January, 2020 attached hereto and marked as Exhibit OAB 3)

(iii) That the trial Judge in her judgment made a finding of fact that the Respondent used his house at Ashalley Botwe for narcotic offences. The trial Judge at page 16 of Exhibit KAA 1 stated as follows:

“From the totality of the evidence adduced as explained earlier in this judgment, it is not in dispute that PW3 carted boxes from A1’s house which were found to contain cannabis sativa. A 1 did not dispute that the content of the said boxes were packed in his house although he claimed Danny did it. It is obvious that A1 directly and indirectly used his property at Ashalley Botwe which is in Ghana for narcotics offences. I therefore find as a fact that A 1 used his property herein for narcotic offences. A1 is found guilty of the use of property for narcotic offence on this count and is convicted of same.” 

(iv) That the Respondent’s house at Ashalley Botwe referred to in Exhibit OAB 1 is the property described in paragraph 4 above.

(v) That the Respondent’s use of his house at Ashalley Botwe in the commission of the narcotic offence renders his house tainted property, liable to confiscation.

(vi) That the Respondent, having been convicted of a narcotics offence committed in Ghana, is a liable person

7. That the Respondent derived benefit directly or indirectly from the narcotic offence, in that, the boxes containing cannabis sativa were found packed in the Respondent’s house as determined by the learned trial judge in her judgment.
8. The estimated value of the Respondent’s tainted property is Nine Hundred and Seventy Thousand Ghana Cedis (GH₵ 970,000.00) bearing H/No. DC 58 FLASK ST. GD-0942105, Lakeside Estates, Ashalley Botwe, South-East Adenta, Accra.

(See photocopy of a Capital Valuation Report letter addressed to the Applicant on the Respondent’s property attached hereto and marked as Exhibit OAB 4)

9. That the Respondent property as described in paragraph 4 above forms part of a vast parcel of land situate at Lakeside Estate- Ashalley Botwe, Katamanso in the Greater Accra Region of Ghana covered by a Land Certificate No. TD 0513 issued in favour of Agric-Cattle Lakeside Estate Limited by the Lands Commission.
10. That the Respondent originally acquired the property described in paragraph 4 above from one Golden Sapilo in the year 2014.
11. That subsequently, the Respondent applied for regularization of his acquisition with Agric-Cattle Lakeside Estate Limited and successfully procured a Sublease for a term of thirty-one years (31) years from 1^st August, 2014.
12. That the Respondent’s ownership and possession of the house described in paragraph 4 have never been in issue or dispute, even during his trial for narcotic offences.
13. That recently, the aforementioned Ethel Martekie Ashley, upon the express authority of the Respondent while in prison custody, took possession of the tainted property and rented it out.
14. That till date the aforesaid Judgment has neither been reversed nor the Respondent’s conviction quashed.
15. In the premises, I pray for a confiscation order against the Respondent’s residential property bearing H/No. DC 58 FLASK ST. GD-094-2105, Lakeside Estates, Ashalley Botwe, South-East Adenta, Accra, being tainted property, particularly described in paragraph 4 above.

WHEREFORE in the circumstances I swear to this Affidavit in Support.

Sworn in Accra