July 9, 2014 - page
71
An oil company has asked the Financial
Division of the High Court to order the Economic and Organised Crime
Office (EOCO) to defreeze its bank account.
Accusing the EOCO of acting in bad faith, the applicant, Auxesia
Energy Limited, urged the court to defreeze its account to enable it to
resume normal operations.
While insisting that the EOCO was
enjoined by law to exercise its powers in a manner to assist in the
facilitation of legitimate business, rather than harming the economic
activities of persons in Ghana, the applicant said, “The continued
freeze of the applicant’s account is gravely harming the business
interests of the applicant and its survival as a business entity
properly incorporated under the laws of the country.
Arbitrary freeze
An
affidavit in support of the motion said the EOCO arbitrarily froze the
account of Auxesia Energy at UT Bank in June 2013 without telling the
applicant of its crime.
It said although the EOCO later alleged
that the applicant was being investigated for terrorism and other
related offences, “nothing by way of investigations for the alleged
offences has been done”.
It said it was amply clear that the EOCO
was not engaged “in any real investigation of our company for any acts
of terrorism or any other serious offence but is merely abusing its
powers for a capricious purpose known only to itself”.
The motion,
which was filed on behalf of the applicant by its lawyer, Mr Godfred
Yeboah Dame, on June 25, 2014 further stated that the EOCO had
demonstrated its lack of candour and sincerity by siding with an
opponent of Auxesia Energy in the claim over ownership of $391,250.
EOCO seeks extension
In
a motion filed on June 27, 2014, the EOCO urged the court to extend the
order freezing the account of the applicant, with the reason that EOCO
was collaborating with the Nigerian authorities to investigate the
applicant.
It said the essence of the freezing order, which it
sought from the court was to secure the funds in the account of Auxesia
Energy in order not to render the outcome of the investigations
nugatory.
According to the EOCO, the key actors in the transaction
under investigation were not within the jurisdiction and for that
reason there was a pressing need to apply for the extension of the
freezing order for the conduct of thorough investigations.
“That
the extension of the freezing order will allow for investigators to
cover the necessary ground and conclude their investigations, which may
result in prosecution leading to the confiscation of the funds in the
account of the respondent,” the EOCO had concluded.
Witness testifies
Meanwhile,
a witness, Mr Ben Kwabena Antwi, on July 7, 2014 informed the court
that he linked Auxesia Energy to Earth Petroleum, which was then looking
for a buyer for Low Pour Fuel Oil (LPFO) in 2013.
Mr Antwi, who
works with Earth Oil and Gas, Ghana, told the court, presided over by Mr
Justice John Ajet-Nasam, that Auxesia Energy was left with a balance of
$100,250 to cover its total indebtedness to Earth Petroleum.
He
said Auxesia Energy Limited had not entered into any business
transaction with Soleushing Nigeria and Soleushing UK, both vessel
operating companies.
He has since completed his evidence-in-chief and is curently being cross-examined.
Background
Both
vessel operating companies are laying claim to the $391,250 on the
grounds that their vessel had been used to charter the LPFO, but Auxesia
Energy insists that it had no dealings with them.
According to Auxesia Energy Limited, it had dealings with only Earth Petroleum
The
court is currently taking evidence to determine the actual owner of the
$391,250, which was withdrawn from Auxesia Energy’s account based on
the orders of the court
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