Mr. Frank Eshun, has petitioned the Inspector General of Police and the Greater Accra Regional Police Commander over what he described as unlawful demolition of his landed property located at Airport residential areas
Below is the Full Text of the Petition:
PETITION FOR THE CONSOLIDATION OF INVESTIGATIONS REGARDING UNLAWFUL EXECUTION, THEFT AND UNLAWFUL DAMAGE TO PROPERTY LOCATED AT NO. 6 AGUSTINO NETO ROAD AT AIRPORT RESIDENTIAL AREA
- We act as lawyers for Richard Eshun (“Complainant”) with instructions to write to you on the above-titled subject.
- For purposes of clarity and appreciation of the facts, we would recount the fact in chronology:
- The Complainant is an occupant of the Property located at No. 6 Agosto Neto Road within the Airport Residential Area (“Property”), and has been in continuous undisturbed occupation of the same for the past 20 years as the property of his deceased father who lived in the property until his demise in 2020.
Partners: Thomas Kojo Stephens Esq., Andrew Appau Obeng Esq. I Bankers: Ecobank (Head Office) I Auditors: UHY Godwinson
- On 24 March 2023, the Complainant was in the Property going about his daily routine, when a bailiff of the High Court at Tema accompanied by some Policemen from the Regional Police Department, for the first time, served a Writ of Possession on him, and informed him that the High Court has given default judgment to Mr. Richard Koomson (acting by his Attorney Anane Daniels) (“Counterparty”). Find attached a copy of the Writ of Possession attached to this letter.
- The Complainant immediately informed Counsel, based on that we caused an Application for Stay of Execution to be filed at the Tema High Court, and brought it to the attention of the bailiff and the Police. Find attached a copy of the Application for Stay of Execution attached to this letter.
- On 29 March 2023, a team of Policemen led by one Inspector Ayittey from the Regional Police Service, attended the Complainant’s property to arrest him on the basis that he threatened the Counterparty with a pistol.
- The Complainant was kept in custody until Counsel attended the Police Station to plead for his bail. Upon interrogation, and a search conducted at his house, the Police realized that although the Complainant had a gun, it was: (a) licensed with all renewal record to date (b) not a Pistol but rather a Pump action. See Statements of Complainant and Counterparty on the records of the Regional Police Department.
- This clearly confirmed that the Counterparty lied about the complaint he lodged based on which the Complainant herein was arrested. However, upon all these inconsistencies realised, the Police refused to give the Complainant’s licensed gun to him.
- Around 5pm, on the same day, when the Complainant was returning to the Property from the Regional Police Headquarters, he saw about 10 vigilante men with Anane Daniels breaking into his Property (without any police assistance) (“Suspects”). Immediately, he rushed to the Airport Police Station to lodge a complaint and to plead for Police Assistance to arrest the Suspects.
- Upon the arrival of the Police, the Suspects had removed the Complainants’ belongings out of the rooms and had left the Property. They had destroyed the entire roof of the building and broken all doors. The Suspects made away with:
- USD 50,000
- Samsung Galaxy SIO+
- Sumsung Galaxy S21 Ultra
- Lenovo Thinkpad T43
- For the avoidance of doubt, we have attached CCTV footages of Anane Daniels and the other Suspects in the Property on the 29 March 2023.
- We have also attached videos and pictures of destructive activities caused by the Suspects.
- The Complainant lodged a complaint at Airport Police Station against the Suspects, who were later arrested upon returning to the Property on 2 April 2023, to cause further damage to the Property and belongings of the Complainant.
- The Complainant and the Suspects were paraded before the Airport District Commander to be interrogated and they were subsequently granted bail.
- It is our contention that the Criminal activities of stealing and unlawful damage to property ought to be prosecuted since we have made available all material evidence to the Airport Police.
- It is our prayer that/ since the matter originally commenced at the Regional Headquarters, the Regional Command should consolidate the case at the Airport Police Station and Regional Police Station for further investigations to be conducted.
- We again plead that the pending the determination of the Application for Stay of Execution and Application for Certiorari to be lodged at the Supreme Court, the status quo ante of the property ought to be maintained by the Police Service.
- It is the position of the law that once an application for stay of execution is pending no steps should be taken towards execution until same IS determined by the Court.
- The Suspects should therefore be barred from further causing unlawful damage to the Property of the Complainant. If the Suspect believes in the strength of his case, he should wait for the Complainant’s application for certiorari and application for stay of execution to be determined by the Court, since the Application for stay of execution serves as a bar towards execution of the judgment, since no certificate has been issued from the registry of the Tema High Court to prove that execution has been completed.
- The burden to establish that execution has been completed rests with the Suspect who has failed to present any certificate from the court that execution had already been completed.
Remedy Sought
- The Regional Police Command should consolidate the two dockets (Airport Police Station Docket and Regional Police Department Docket).
- The Suspects who caused damage to the property of the Complainant and stole the items supra should be made to face the full rigors of the law.
- The Regional Police Command should keep the Property under surveillance pending the determination of the Application for Stay of Execution and the Application for Certiorari in the Supreme Court).
- The Complainant’s licensed gun should be released to him in order that in the unlikely event that he is under attack, he can defend himself.
3. We kindly await your prompt intervention, in order that law and order prevails.
