“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
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