NARCOTIC DRUGS (CONTROL, ENFORCEMENT AND SANCTIONS) LAW - 1990 (PNDCL 236)

    Section - 29 - Attorney-General's Powers to Obtain Information.

    (1) Notwithstanding the provisions of any other law, for the purposes of any investigation into, or any proceedings relating to an offence under this Law or any corresponding foreign law suspected to have been committed by any person, or for the purposes of any proceedings under Part III against any person, the Attorney-General may by written notice-

    (a) require the person, or any other person in respect of whom the Attorney-General has reason to believe that the information from him will assist in the investigation to furnish a sworn statement in writing-

    (i) identifying each item of movable or immovable property, whether within or outside Ghana, belonging to or possessed by such person, or by his relatives or associates, and specifying the date on which each of the properties so identified was acquired and the manner in which it was acquired;

    (ii) identifying each property sent out of Ghana by him during such period as may be specified in the notice;

    (iii) setting out the estimated value and location of each of the properties identified under sub-paragraphs (i) and (ii), and if any of those properties cannot be located, the reason for not locating them;

    (iv) stating in respect of each of the properties identified under sub-paragraphs (i) and (ii) whether the property is held by himself or by any other person on his behalf, whether it has been transferred, sold to, or kept with any other person, whether it has diminished in value since its acquisition by him, and whether it has been intermingled with other property which cannot be separated or divided without difficulty;

    (v) setting out all other information relating to his properties, business, travel, or other activities specified in the notice;

    (vi) setting out all his sources of income, earnings or assets;

    (b) require any public officer to produce or furnish any document which is in his possession or under his control;

    (c) require any public officer or employee of any bank or financial institution, or any person who is in any manner or to any extent responsible for the management and control of the affairs of any bank or any financial institution, to furnish copies of any or all accounts, documents and records relating to any person to whom a notice has been issued under paragraph (a).

    (2) Every person to whom a notice is sent by the Attorney-General under subsection (1) shall, notwithstanding the provisions of any other law, or of any oath, undertaking or requirement of secrecy to the contrary, or of any obligation under any contract, agreement or arrangement, whether express or implied, comply with the terms of the notice within the time specified in it.

    (3) Any person who wilfully neglects or fails to comply with a notice given under subsection (1) shall be guilty of an offence and shall be liable, on conviction, to a fine of not less than c200,000 or to imprisonment for a term not exceeding two years or to both.

    (4) Where any person discloses any information or produces any accounts, document, or article, to an authorised person, neither that person nor any other person on whose behalf or direction or as whose agent or employee, that person may be acting, shall, on account of the disclosure or production, be liable to any prosecution for any offence under any law or to any civil action.

    (5) Subject to subsection (6) no statement, document or other article obtained under this section shall be admissible in evidence in the trial of any person from whom it is obtained if it is proved that it was obtained by duress.

    (6) Nothing in this section shall require any person to produce any information or make any statement likely to incriminate himself.