Attempts by the Economic and Organized Crime Office (EOCO) to frustrate victims of the Global Coin Community Help (GCCH), has hit a snafu.
This time around, the Koforidua Commercial Court 1 has thrown out an Application for Joinder in a contempt case victims of the company filed against Ghana Commercial Bank (GCB).
Victims of the crypto currency scam filed a contempt case against GCB for failing to honor an order from the Koforidua High Court for them to release an amount of GH¢3.7million to pay the victims.
But according to EOCO, they and GCB have not done anything to suffer any liability with the continuous preservation of the GCB account of the accused company.
The High Court-Koforidua on Monday, 27th May, 2019 struck out the Economic and Organized Crime Office, EOCO in their request to be joined to a Contempt filed against GCB Bank.
Customers of the defunct company-Global Coin Community Help, GCCH who secured a judgment against the company as early as 10th December, 2018 froze the company’s account with GCB Bank and also garnishee the same account when the court ordered GCB Bank on 21st January, 2019 to release the sum of GH¢3.7m to the victims. The said amount in the company’s account constitutes just a quarter of the total sums of the customers.
Several attempts by the customers and their lawyer to get GCB release the said money failed.
A contempt case was then filed against GCB Bank on the 22nd February, 2019 for determination.
Meanwhile, EOCO also rushed to secure a freezing order on the same account on 18th January, 2019 at the Accra High Court a month after the customers already froze the account. Before the commencement of the contempt hearing, EOCO on 7th March, 2019 went to file a joinder application on the contempt before the Koforidua Court to be joined to the process.
On two separate occasions, EOCO never appeared in court to move their own motion which compelled the presiding Judge to strike them out and asked the lawyers for both customers and GCB Bank to file the submissions for the final ruling.
Just after the orders of the presiding Judge to both sides, EOCO resurfaced in court to relist their earlier struck out motion for the joinder which was granted and moved on 20th May, 2019.
After the presiding Judge heard both lawyers for EOCO- Charles W. Ofori and the customers-Abigail Ofori Appiah (Mrs.), she gave her ruling on Monday 27th May, 2019.
In the ruling, the judge cited C.I.47 order 5 as grounds upon which the Application brought by EOCO to be joined to the contempt against GCB was struck out.
The Economic and Organized Crime Office (EOCO) last week denied frustrating the efforts of victims of the Global Coin Community Help (GCCH) to retrieve their lost investment.
EOCO was responding to a publication by the DAYBREAK Newspaper which sought to put EOCO in bad light.
EOCO in a release on May 23, 2019, and signed by its Head of Public Relations, Jacqueline Avotre, said it was “working assiduously to defend the legitimate interest of the entire customers of GCCH and not just those in Koforidua.”
It said “the Office wishes to set the records straight as follows: investigation against the GCCH commenced on 9th October, 2018.”
The statement added that “on 18th January, 2019, an application was filed at the High Court (Financial Division 2, Accra) preserve the GH¢ 3.7 million left in the GCB account before the criminal trial commenced.”
It noted that three days after the preservation order, the customers also obtained an order (Garnishee) and release order dated 21st January, 2019 from the High Court Koforidua to be enforced against the company’s account at GCB.”
According to the statement, thus the Garnishee order could not be enforced, saying “the lawyers for the aggrieved Koforidua customers filed contempt application against GCB for not defreezing the company’s account as per the Garnishee order and release order dated 21st January, 2019.
It explained that “this Office then filed an affidavit in opposition. In a ruling dated 28th March, 2019, the High Court (Financial Division 2, Accra) dismissed an application seeking to defreeze the said account.”
It concluded that “on 20th May, 2019, the Office went to Koforidua High Court and argued an application for joinder in the contempt suit that EOCO and GCB have not done anything to suffer any liability. The continuous preservation of the GCB account of the accused company is legal and not an act of willful disobedience to the court nor an act to frustrate the victims of GCCH to retrieve their lost investment.”