this is condemned by the Court. However the Court is unable to make any
consequential orders in favour of the Applicant because it is not unmindful of its
above decision that the Applicant has not discharged the onus of proof of the
legitimacy of the $3Million in question and that the Respondent is entitled to
freeze the account of the Applicant in accordance with its national laws with the
legitimate aim of protecting public interest.
93. This Court after examining the processes filed by the parties; and after
hearing counsel in the open Court herein, and for the reasons canvassed above,
decides as follows:
DECISION:
-The Court has jurisdiction to adjudicate on this case as the claim is on violation
of Human Rights.
- That the suit cannot be maintained against the Respondent as a Member State
under Article 10 (c) of the text.
- The Applicant is a Proper party under Article 10 (d) to the extent of the
internationally recognised exception.
- Applicant right to property has not been violated by the Defendant.
- The case is hereby dismissed and parties should bear their own cost.
Thus pronounced and signed on this 6th day of February, 2019 in the Community
Court of Justice, ECOWAS Abuja, Nigeria.
AND THE FOLLOWING HAVE APPENDED THEIR SIGNATURES:
Hon. Justice Edward Amoako ASANTE
- Presiding
Hon. Justice Dupe ATOKI
- Member/Judge Rapporteur
Hon. Justice Keikura BANGURA
- Member
Assisted by
Tony ANENE-MAIDOH
- Chief Registrar
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