“laws”. Furthermore, any interference by a public authority with the
peaceful enjoyment of possessions can only be justified if it serves a
legitimate public (or general) interest. Because of their direct knowledge
of their society and its needs, the national authorities are in principle
better placed than the international judge to decide what is “in the public
interest”. Under the system of protection established by the Convention,
it is thus for the national authorities to make the initial assessment as to
the existence of a problem of public concern warranting measures
interfering with the peaceful enjoyment of possessions”.
Having regard to the above analysis, it is imperative to determine whether or not
the continued act of the Respondent in confiscating the Applicants funds on
reasonable suspicion is in the public interest and in accordance with the law.
84. The Respondent contends that after the registration of the said companies,
the Applicant did not carry out a single business activity from the date of its
registration till date, instead it operated accounts in which between August
2012-May 2013 a period of ten (10) months, the Applicant’s account was
credited by inward transfers totalling USD14, 101,326.00 from Nigeria, UAE and
Switzerland, whilst outward transfers totalling USD17, 095,299.00 were made
during the same period to accounts to India, Singapore, United Kingdom,
Nigeria, UAE, France and Switzerland.
85. Furthermore, the Respondent contends that with the deposit of the Three
Million Dollars (US$3,000,000.00), it became important to place the Applicant
account under alert as suspicious transfer with the possibility of money
laundering activities. The respondent action is thus to prevent money
laundering.
86. Respondent further contends that Applicant failed to comply with the
National law specifically, Section 2 (5) of the Anti-money laundering and
combating the financing of Terrorism (AML/CFT) Regulations, also the Tax law
on remittance of tax and in addition failed to provide evidence of legitimate
business activities carried out within the jurisdiction of the Respondent as
required by law.
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