The Court further held that:
“The rights enshrined in the African Charter on Human and Peoples’ Rights
have been so described so as to bring out clearly their content, import, and
extent of enjoyment, so that any act of their violation may be qualified as
a “Human Right Violation.”
Also see Hope Democratic Party and Alhaji Haruna Yahaya Shaba V. The
Federal Republic of Nigeria & 5 others, ECW/CCJ/JUD/19/15; and Dr. Malachi
Z. York V. The Republic of Liberia, ECW/CCJ/JUD/5/16.
34. The Respondent argues that, in the instant case, though the Applicant relies
on several provisions of International Instruments, the Applicant failed to show
how those provisions are applicable to its case and to prove that the freeze on
Applicant’s account was arbitrary and not as a result of a previously laid down
rule on Suspicious Activities. The Respondent further contends that Applicant
has also failed to show why the freeze on the account should be lifted, why the
money should be paid to Applicant in light of Amni International’s claim and
Applicant’s failure to show the legitimate source(s) of all the money transferred
through the two accounts which was unilaterally operated by Mr Ekwunife who
has been indicted for theft of hundreds of millions of Naira by the Government
of Nigeria.
35. The Respondent further argues that the Applicant’s money was not being
held arbitrarily by relying on the authority of the case Hans Capehart Williams
V. The Republic of Liberia and 4 others ECW/CCJ/JUD/25/15 in which this court
defined “arbitrary act” to mean:
“Something done without fair, solid, and substantial cause or without
cause based upon the law. An act is therefore arbitrary when it is not
done in accordance with the principles of law.”
36. The respondent therefore seeks the following reliefs:
a. A declaration that the application is inadmissible as it fails to state or
demonstrate any act or conduct on the part of the Respondent that is indicative
of a characteristic violation of a fundamental human right of the Applicant.
b. Costs of One Hundred and Fifty Thousand Dollars (US$150,000.00) be
awarded the Respondent for the unnecessary resources the Applicant has
caused the Respondent to employ.
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