NAYELE AMETEPE       - RESPONDENT 
RULING 
This is an application to confiscate the following properties of the respondent herein  1. NIGHT ANGELS ENTERPRISE – DZORWULO, MOTORWAY EXTENSION. 2. Fidelity Bank Account No. 1050405565731 – (GH¢ 21,897.58) 3. Fidelity Bank Account No. 1961405113233 – (GH¢ 289.97) 4. Fidelity Bank Account No. 1951405565737 – (GH¢ 3.22) 5. Fidelity Bank Account No. 2030405113220 – (GH¢ 282.64) 
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6. Fidelity Bank Account No. 1060405113216 – (GH¢ 664.19) 7. Fidelity Bank Account No. 1962405113253 – (GH¢ 99.33) 
to the state, in accordance with Sections 46, 47, 48, 49 & 51 of the Economic and Organised Crime Office Act, 2010, (Act 804). The respondent has been served. The application to confiscate these properties of the respondent has not been opposed nor has any claimant claimed ownership of them.  The facts of this case are that, on or around 10th November, 2014, the respondent, Nayele Ametepe, a.k.a., Ruby Adu Gyamfi, was arrested at Heathrow Airport by the officers of the United Kingdom Border Force with 12.5 kg of cocaine, a narcotic drug and was consequently charged for concerned in evasion of prohibition /restriction on import imposed by s.3 (1) of MDA 71-Class A drug, of the United Kingdom. On or around 6th January, 2015, the respondent herein was arraigned before the Crown Court at Isleworth in London, presided over by His Honour, Judge Martin Edmunds QC, in Case Ref: T20141080. She pleaded guilty and upon her own plea, was convicted and sentenced to a term of eight (8) years and eight (8) months imprisonment with hard labour. A copy of the Certificate of Conviction was attached as Exhibit NCB B. The respondent is currently serving her prison sentence at HMP Send Ripley road – Woking Surry GU 23 7LJ prison, with the prison number A9518DH, in the United Kingdom. The applicants contend that pursuant to the combined effects of sections 15(1) of the Narcotics Control, Enforcement and Sanctions Act, P.N.D.C. Law 236, and section 46 of the Economic and Organised Crime Office Act, 2010, Act 804, the respondent’s properties are liable to be confiscated to the State and be utilised in accordance with Section 66 of Act 804. 
Learned counsel for the 2nd applicant, submitted that it is the items in or the contents of Night Angels Enterprise or the Enterprise itself, or any property belonging to the said Enterprise and the monies in the listed bank accounts with the accrued interest thereon that the applicants seek to confiscate. He prayed that the items in or contents of the Night Angels Enterprise be auctioned by Public auction and all the proceeds utilised in accordance with section 66 of Act 804. He requested that the bank be ordered to pay the monies into the accounts of the 2nd applicant (NACOB) so that the 2nd applicant will utilise it in accordance with section 66 of Act 804.  
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I have considered the submissions made by learned counsel for the 2nd applicant, the facts of this case and the documents or processes attached and I am satisfied that the applicants have made a case to warrant the confiscation of the properties herein belonging to the respondent. It is a fact that the respondent has been convicted and is currently serving her prison sentence for a narcotic drug related offence. I am satisfied that the properties stated herein were derived from the proceeds of crime.  
In the circumstances, I hereby grant the application for confiscation and confiscate all the listed properties herein belonging to the respondent to the state.  I order that the items in or the contents of the Night Angels Enterprise and the Enterprise itself be auctioned by public auction and all the proceeds from it be utilised as per the orders below in accordance with section 66 of Act 804.  By section 51(4) of Act 804 where the Court makes a confiscation order, the Court shall give directions to give effect to the order.  In accordance with section 66 of Act 804, which deals with the utilisation of proceeds of realisable property, I hereby order as follows: 1. 20% of the total amount should be paid to the Registrar of the Court, that is, Financial and Economic Crimes Court. 2. 20% of the total amount should be paid to the Economic and Organised Crimes Office, to defray the expenses of the said office. 3. 50% of the total amount should be paid to the Institution of relevance, that is, the Narcotics Control Board.  4. 10% of the total amount should be paid into the Consolidated Fund. It is ordered that the bank herein, that is, Fidelity Bank, should release the amounts in the bank accounts stated herein with the accrued interest thereon to the 2nd applicant herein, so that the 2nd applicant can enforce the Court orders herein as to the utilization of the monies herein.  There is no order as to costs.       
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      (SGD.) GEORGINA MENSAH-DATSA 
(JUSTICE OF THEHIGH COURT)     
COUNSEL:  1. Mr. Abu Issah for the 1st applicant. 2. Mr. Daniel Amankwah for the 2nd applicant.  
     