favour of the plaintiff so the bank should release the money to him, less the
penalty for non- declaration of the money.
3. The defendant said that this letter was withdrawn the very next day when it
was discovered that it had been written on misrepresented facts and that the
Central Bank of Liberia was directed to continue to hold the money
further investigations. In the meantime the record discloses that
pending
an action
is
pending before the Supreme Court of Liberia in respect of the same subjectmatter.
4. The plaintiff instituted this action pursuant to Articles 10 (c), (d) and 12 of the
1991 Protocol
of
the
Community
Court
of
Justice
as amended
by
the
Supplementary Protocol of 2005, Article 33 of the Rules of this Court, Articles 15,
SO and 54(2) of the Revised Treaty of ECOWAS as well as Articles 7(1)(b) 12 and
14 of the African Charter of Human and Peoples' Rights. In particular, plaintiff
relied on Article 14 of the African Charter on Human and Peoples' Rights which
states thus "The right to property shall be guaranteed. It may only be encroached
upon in the interest of public need or in the general interest of the community
and in accordance ··with the provisions of appropriate laws". Furthermore, the
action was brought pursuant to Articles 2, 11(a), 20(a), (b), (c), (f), (h), (i), 22(a)
and 24 of the 1986 Constitution of the Republic of Liberia and the inherent
jurisdiction of the Court.
5. The plaintiff sought the following orders:
(a) Declaration that the confiscation of the sum of USD 508,200.00, being
•
the property of the applicant as proceeds of criminal conduct and
seizure of his ECOWAS passport is unconstitutional, null and void.
(b) An order directing the Respondent to release forthwith to the applicant .
the sum of USD 508,200.00 with interest at the rate of 21% from 9/9/06
till date of final liquidation.
(c) An order directing the Respondent to release forthwith to the applicant
$·
his ECOWAS passport.
(d) Costs of twenty thousand Liberian Dollars to the applicant.
3