“Suspicion, however well placed does not amount to prima facie evidence.” 20. The Applicant argues that the Nigerian Court of Appeal has also held in Eronini v. Eronini (2013) 14 NWLR (Pt.1373) 32 that: “It is trite that the Court will frown upon any manifestation of arbitrary power assumed by any person or authority over the life and property of another even if that other is suspected of having breached some law or regulation.” 21. The Applicant contends that the action of the Respondent in withholding the Applicant’s funds for a prolonged period of time on the basis of mere suspicion is tantamount to an arbitrary exercise of power. Applicant further relies on Article 7(1) (b) of the African Charter on Human and Peoples’ Rights which guarantees to an accused “the right to be presumed innocent until proven guilty by a competent court or tribunal.” In line with the adversarial system of criminal jurisprudence, it is not for an accused to prove his innocence as that will negative the above quoted provision of the African Charter on Human and Peoples’ Rights, that the accused is presumed innocent until proved otherwise. This right of an accused person is also guaranteed by Article 21 (h) of the Respondent’s 1986 Constitution. 22. The Applicant argues that in the absence of the Applicant’s trial and conviction for being found in possession of funds from suspicious transactions, if there is any offence like that in the Liberian Criminal Code, the continued withholding of the Applicant’s funds by the Respondent is a breach of the provisions of the African Charter on Human and Peoples’ Rights, the Revised Treaty of ECOWAS and the Respondent’s Constitution. Applicant argues that Article 21(f) of the Respondent’s Constitution forbids preventive detention and enjoins the Respondent to charge a matter to Court within 48 hours of effecting an arrest and detention. The Applicants’ funds have been detained for over 48 hours. 23. The Applicant says that its business has been grounded by the said unjustifiable act of the Respondent which has occasioned untold losses to the Applicant. Given the fact that at all times material to this application, the interest rate charged by banks and other financial institutions in both Liberia and Nigeria for lending funds for commercial activities are not less than 21% per annum, the 6

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