letters to the Executive Governor of the Respondent’s Central Bank imploring
the release of its funds. That after waiting for years for the conclusion of the
alleged investigation by the Central Bank of Liberia, its Solicitor vide a letter
dated 20th March, 2017 wrote to the Respondent’s Central Bank requesting for
the final position on the matter. In response, the Central Bank wrote a letter
dated 3rd April, 2017 stating that the CBL had transferred the suspicious activity
report of the Applicant to the Financial Intelligence Unit to handle the case.
11. The Applicant further maintained that till date, the Respondent’s Central
Bank has failed to inform them of the conclusion of the said “suspicious activity”
investigation or release its funds. That the continued withholding of its funds by
the Respondent’s bank has affected their business activities as its Directors who
provided the confiscated funds as their capital are now indebted to banks and
individuals in Nigeria.
12. In conclusion, the Applicant avers that prior to this application, the interest
rate charged by banks and other financial institutions in both Liberia and Nigeria
are running for about 21% per annum and they are entitled to a refund of the
sum of Three million Dollars (US$3,000,000.00) with accrued interest at the rate
of 21% per annum by the Respondent.
Pleas in law as filed by the Applicant:
13. The Applicant formulated an issue for determination by the Honourable
Court as ‘whether in the circumstances of this application, the Applicant is not
entitled to a refund from the Respondent of the sum of Three Million Dollars
(US$3,000,000.00) with accrued interest?”
14. The Applicant argues that Article 4(g) of the Revised Treaty of ECOWAS
recognizes the promotion and protection of human and people’s rights in
accordance with the provisions of the African Charter on Human and Peoples’
Rights (ACHPR). Article 14 of the African Charter on Human and Peoples’ Rights
provides that:
“The right to property shall be guaranteed. It may only be encroached
upon in the interest of the Community and in accordance with the
provisions of appropriate laws”.
15. The Applicant insists that the above provision of the African Charter on
Human and Peoples’ Rights guarantees right to its property and forbids any
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