27. The defendant has placed nothing on record to show that plaintiff was served
with
any notice
before the confiscation proceedings were commenced. The
plaintiff also averred that he was deported to Nigeria before the said confiscation
proceedings and the defendant did not deny this averment. All that the defendant
said is that there were legal remedies available to the plaintiff but he chose not to
pursue them. A fundamental principle of law is the "audi alteram partem" rule
which literally means "hear the other
side". This principle requires that both
parties in any judicial proceedings ought to be heard before their
rights are
determined. The undisputed evidence before this Court indicates that the plaintiff
was not served with a notice of the hearing of the confiscation proceedings.
Indeed, the plaintiff had already been deported out of the country. It is therefore
conclusive that the plaintiff was not heard nor given the chance to be heard in the
confiscation proceedings. This offends
the
letter
and spirit
of the
cardinal
principle of fair hearing in judicial proceedings. The defendant's defence in this
regard is respectfully not acceptable and is therefore rejected accordingly.
Be that as it may, the proceedings before the court did not finally determine the
rights of the plaint ff. They were only provisional so as to enable investigations to
be carried out. Thus no prejudice resulted from it to the detriment of the plaintiff.
INVESTIGATIVE REPORTS BY THE DEFENDANT'S OFFICIALS
28. The investigative reports are pleaded by both parties and the contents are
undisputed. The only issue with respect to the investigative report is the legal
effect of the documents. The plaintiff avers that the investigative reports issued
by the defendant's National Police Force exonerated him from drug trafficking
and money laundering allegations and also made a finding that in fact there was
no official of the Central Bank of Liberia at the Roberts International Airport on
the date the applicant arrived at the said airport. Plaintiff further avers that it was ·
on the strength of these reports that the defendant's Minister of Justice and
Attorney General directed the Executive Governor of the Central Bank of Liberia
to release his money to him after d ducting at least 25% of same as penalty for
non- declaration. According to plaintiff this is conclusive evidence that his money
is not the result of any criminal activity and therefore should be released to him.
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