AFFIDAVIT IN SUPPORT OF MOTION SE ———E— SSE ee | STEPHEN KWABENA OPUNI of NO. 5, Paseo De Esi, Airport Hills, Accra make oath and 19725 fOHONS: = ‘That Iam the Deponent and Applicant herein and I swear to the facts contained. in this affidavit which facts unless otherwise stated are within my personal knowledge by virtue of being Applicant in this suit. That on or about the 23° day of April, 2018, this Court, in suit number 7/0005/2017, granted my application and released my bank account numbers (0100157122200 and 00130144484664701 with Standard Chartered Bank Ghana Limited, Opelbea house branch and Ecobank Ghana Limited, Head office branch respectively Caccounts’), Attached hereto as exhibit "SKO1” is a copy of my pplication for the release of my said accounts. ‘That my application was not opposed by Respondent who was represented by Counsel. After the grant, I applied for and obtained a copy of the court Order. ‘Attached hereto as exhibit "SKO2" is a copy of the said Order. 4. That on the 24% day of April 2018, my lawyers received a letter dated the 24" day ‘of April 2018 from Respondent informing him that Respondent had obtained 2 it suit for a confirmation of a freezing of my accounts day before. Attached hereto as exhibit "SKO3" is a confirmation Order freezing my said released on the 23° day of April 7, Attached hereto as "SKO4"is a copy10, 1, of my said bank accounts to same 23 day of April, 2018 and obtain an Ord ‘rderin respect of the aforesaid accounts. ‘That the actions of Respondent have resulted in a situation where the treseniy 2 (bwo) opposing court Orders concerning the same bank accour requiring my bankers to abide by these 2 (two) conflicting Court Orders. ‘hat [state that I was intially investigated by Respondent, who informed me on tr about the end of July 2017, that the case docket had been transferred to the Gininal Investigation Department (CID) of the Ghana Police. That I state that T fave since the said end of July 2017 been investigated by the CID and this Continued until 1 wes charged and put before Court. Thave since August 2017 not rad any interaction with Respondent. ‘Tat I am advised by Counsel and verily believe same to be true that at best Respondent should have appealed against the Order of the 23% April, 2018 and rot commenced the present action seeking the same Order which was unopposed some few hours before it filed this new suit ‘Lam advised by Counsel and verly believe same to be true that the conduct of Respondent who did not oppose the release of the accounts but wrote 2 (two) letters on the same 23° day of April, 2018 instructing noncompliance of the Order by my bankers is a direct interference in the judicial process and constitutes Contempt of Court. This is more so when the said letters of the 23 day of April, 2018 demands that my bankers should not abide by the lawful Order of this court a 2 ime when the Order for confirmation in this present sult had not been Cbteined. Attached hereto as “SKOS" and "SKO6" are copies of the said 2(two) {het Lhave been advised by Counsel and verily believe same to be true that s tre ion of Act 804, the application for a freezing order in circumstances ae Oncer esent can only be made by way of an extension of the 1* March, 2017 Obtained in suit number FTO005/2017 and not by bringing a’ fresh I fe acted in excess Of its powers and or in violation | the Order of the 24th day of April 2018. ind verily believe same to be true that the ‘and sins against my rights of beinga7. 18 18. | | ‘Sworn at Accra this rongful act 1g me including openi fine when my deceased mother had not! to be searching for stolen money proceed; nd drawers In my deceased mother’s room in Bib Region. ‘That save the sum of GH¢25,000.00 (twenty-five thousand Ghana cedis) in my een acount wich Prosecution wrongly aims are tant rare te funds in my NK accounts is the subject of any in jatior ‘trial inany Way whatsoever and or howsoever, a ‘Tat I state that the continuous freezing of my accounts has caused and continues to cause extreme hardship to me and my family. I state that I have not been able to access any funds from my accounts and have had to resort to contracting loans when available to meet basic daily needs. I reiterate that none of the funds in ry said bank accounts (save the GH¢25, 000.00 which the Prosecution erroneously aims and which I have denied) is tainted in any shape or form. ‘That I pray that this honorable court set aside its Order of the 24 day of April, 2018 as being not only an error of law, but also an abuse of the court process and nullity. Wherefore I swear to this affidavit in support of my motion. Day of April 2018) *Deponent