r
Whereas the defendant no longer had justification to keep the plaintiff's money;
Whereas Article 14 of the ACHPR is applicable, the plaintiff having been found to
be the true owner of the money and nothing adverse exist to warrant depriving
him of it;
DECISION
48. The Court, sitting in public at Abuja, decides that the plaintiff has established
his claim and therefore enters judgment for him. The defendant is hereby ordered
to return the amount of $508,200 to the plaintiff less 25% of the said amount as
per the country's laws. The defendant is also ordered to restore the plaintiff's
passport to him. The claim for 21% interest is not allowed for lack of justification.
COSTS
49. The court
has already
investigations. It is the
said that
court's
view
the
that
defendant unduly delayed
at the
end
of the
the
prolonged
investigations if the defendant had followed their own domestic law and released
the portion of the money due to the plaintiff to him, this action would not have
been necessary. In the circumstances the plaintiff is entitled to recover costs in
this action against the defendant which he has asked for in his application and
plaintiff is accordingly awarded the sum of $20,000.00 as costs against the
defendant.
th
Dated at Abuja this 8 day of June 2012 before their Lordships
Han. Justice Hansine N. Donli
'
Presiding
Han. Justice Benfeito M. Ramos
_
Member
Han. Justice Anthony A. Benin
Assisted by Tony Anene-Maidoh