Benjilo's properties forfeited to the state

Accra, July 20, GNA - An Accra Regional Tribunal has granted an application for forfeiture to the state of the properties of George Bonsu, popularly known as Benjilo, an ex-convict of narcotic drugs. Granting the application filed jointly by the Attorney-General (A-G) and the Inspector-General of Police (IGP), the tribunal stated that it was doing so because the Narcotic Drugs Law conferred on them the special powers to seize and confiscate to the state assets of persons convicted of dealing in narcotics.

The properties in question which, in the prosecution's view, Benjilo acquired illegally through narcotic transactions, included two shops at Salaga Market and Selwyn Street, four houses situated at Kokomlemle, Achimota, Tantra Hill and Nungua, two vehicles and one motorcycle.

An Accra Regional Tribunal convicted Benjilo on April 30, 1997 and sentenced him to 10 years' imprisonment after finding him guilty on charges of unlawful importation and possession of narcotic drugs. Moving the application earlier, Mr Cab Beyuo, Chief State Attorney who filed the application on behalf of the A-G and the IGP on May 18 this year, submitted that investigations by the A-G's office revealed that Benjilo illegally acquired those properties between 1990 and 1996 during which he dealt in narcotic drugs.

Mr Beyuo said as a result, the A-G and the IGP had no alternative than to act in accordance with the powers conferred on them by the Narcotic Drugs Law, and apply for an order to confiscate his assets to the state.

He submitted that even though there was a civil suit by certain interested persons on the properties in question at an Accra Fast Track Court, they ought to show cause why the properties in question should not be forfeited to the state.

Mr Beyuo prayed the tribunal to grant the application if the liable persons could not show cause why those properties must not be confiscated to the state.

Replying, Mr Ellis Owusu-Fordwuor, counsel for Benjilo, submitted that the properties listed by the prosecution did not belong to the ex-convict.

This, counsel said, was because certain interested persons had instituted a civil action at an Accra Fast Track Court claiming ownership of them.

Mr Owusu-Fordwuor submitted that having failed to provide documentary evidence in support of the listed items to prove that they really belonged to his client the prosecution could not just simply attribute ownership to him.

Counsel said it was the Fast Track High Court, before which the matter was pending, that court could determine who the real owners of those assets were, and not the tribunal.

Mr Owusu-Fordwuor submitted that in order to avoid conflict between the two courts within the same jurisdiction, the Fast Track Court was the better and proper forum at which the matter could be determined. He therefore prayed the tribunal to refuse the application.

Mr Justice Frank Manu, chairman of the tribunal, stated that since the interested persons were contesting the matter at the Fast Track Court, it was up to them to prove their case beyond all reasonable doubt to convince the court that the properties in question really belonged to them and not Benjilo.