|
Getting your Trinity Audio player ready...
|
Introduction
In early August 2025, Ghana’s Economic and Organised Crime Office (EOCO) seized a yellow 2019 Lamborghini Urus in the possession of musician Shatta Wale.
The operation followed a formal request from United States authorities, who alleged that the vehicle was stolen in the US and linked to the proceeds of fraud.
The incident sparked public discussion about Ghana’s legal position on buying stolen goods, particularly when the purchase is made abroad. This DUBAWA explainer sets out what the law says, how it applies in cases like this, and what everyday buyers can learn from it.
You cannot acquire ownership from a thief
Ghana’s Sale of Goods Act, 1962 (Act 137) Section 28, contains the nemo dat rule, which states clearly, “no one gives what they do not have.” If a person sells goods without being the owner or having authority from the owner, the buyer does not get a better title than the seller.
In simple terms:
- If a car is stolen, the legal owner remains the original owner.
- Even if you paid for it in good faith, you do not become the rightful owner.
- The property can be taken from you and returned to its lawful owner.
This principle applies whether the theft took place in Ghana or abroad.
The offence of “dishonestly receiving”
Aside from losing the property, buyers can face criminal charges under the Criminal Offences Act, 1960 (Act 29). Sections 146 to 148 make it an offence to dishonestly receive property known to be obtained through a criminal offence.
Key points:
- The law covers buying, receiving, or helping to dispose of stolen property.
- A court may presume dishonesty if you cannot give a satisfactory explanation for possessing suspicious property.
- These rules apply even if the original theft occurred outside Ghana.
If prosecutors can prove you knew, believed, or should reasonably have suspected the item was stolen, you may be found guilty.
Why “I did not know” may not protect you
In law, ignorance is not always a defence. Even if you did not know the item was stolen, the nemo dat principle means you still lose ownership.
From a criminal perspective, while a genuine lack of knowledge might avoid conviction, suspicious circumstances such as a very low price, no proper paperwork, altered vehicle identification numbers, or erased serial numbers, among others, can lead a court to conclude that you turned a blind eye.
An instance of buying a stolen mobile phone
Consider buying a second-hand smartphone at a bargain price from an informal seller:
- Ownership: If the police trace it as stolen, you lose the phone and the money you paid.
- Criminal risk: If there are signs it was stolen (missing receipt, erased IMEI number, or evasive answers from the seller) and you ignored them, you risk being charged with dishonestly receiving.
- In the case of a stolen car, the same principle applies as with a stolen phone. If police investigations trace the vehicle as stolen, you will lose both the car and the money you paid for it, regardless of whether you bought it in good faith. From a criminal perspective, if there are clear warning signs, such as missing registration papers, tampered chassis or vehicle identification numbers, or evasive explanations from the seller, and you ignored them, you risk being charged with dishonestly receiving under Ghana’s Criminal Offences Act.
Importing stolen goods from abroad
Importing an item into Ghana does not remove its stolen status. Ghanaian authorities work with INTERPOL and foreign law enforcement agencies to check vehicles and other goods against international stolen property databases.
If an imported car is flagged as stolen, it can be seized under the following:
The EOCO Act, 2010 (Act 804) Section 24, which states:
(1) An authorised officer of the Office or any other public officer authorised by the Executive Director shall seize property if the officer has reasonable grounds to suspect that the property is the proceeds of a serious offence.
(2) The Executive Director shall direct the authorised officer to release the seized property to the person from whom it was seized if no charges are preferred against the person within fourteen working days after the seizure.
(3) The Court shall make an order for the continued seizure of the property for a period of not more than three months at a time from the date of seizure, and for a total period of not more than two years.
Also, the Mutual Legal Assistance Act, 2010 (Act 807), section 20, which states:
(1) Where a request is made by the Central Authority of a foreign State or the competent authority of a foreign entity for assistance to search for and to seize property in Ghana, the Central Authority of that State or competent authority of that entity shall so far as practicable specify (a) the property to be searched for and seized, and (b) information required to obtain the requisite warrant and facilitate the execution of the request.
(2) Where the Minister approves the request, the Minister shall authorise a police officer or any other person in writing to apply ex parte to the court for the relevant warrant.
(3) Without limiting the provisions of section 10 (6), the Central Authority shall certify and forward to the Central Authority of the foreign State or the competent authority of the foreign entity a report that contains information on the (a) outcome of the search, (b) place and circumstances of the seizure, and (c) subsequent custody, detailed description and state of the property seized.
Additionally, the Customs Act, 2015 (Act 891), also states:
Power to search premises: The Commissioner-General may issue a warrant authorising an officer to enter and search premises, by day or by night, and to seize and take away any goods where the Commissioner General is satisfied that there is reasonable cause to suspect that ‘uncustomed,’ prohibited, or restricted goods are being kept or concealed in the premises.
Where resistance to the search exists, an officer may break open any door with force and remove any impediments or obstructions to the entry, search, or seizure in execution of the order.
How to protect yourself when buying valuable items
- Verify ownership: Demand valid proof of first ownership and confirm the seller’s identity, even if you are a third party.
- Check identifiers: For cars, inspect and verify the VIN; for phones, check the IMEI.
- Use official databases: Request checks through INTERPOL or relevant authorities.
- Keep receipts: Always obtain a proper receipt showing the seller’s details.
- Avoid risky deals: Be wary of unusually low prices (street deals), rushed sales, or missing documentation.
Conclusion
Ghana’s law is clear: buying in good faith does not make you the legal owner of stolen property, and importing it from abroad does not change that, even if you are a third party. While criminal liability for dishonestly receiving depends on knowledge, courts can treat obvious warning signs as proof that you should have known.
For both high profile luxury cars and everyday items like mobile phones, the advice is the same: verify before you buy, or risk losing the item, your money, and potentially your freedom.
