ECOWAS Court rejects claim of arbitrary detention by Liberian businessman against the Republic of Liberia
A three member panel of the ECOWAS Court of Justice presided over by Justice Edward Amoako Asante on Wednesday, 24th June 2020 exonerated the State of Liberia of the allegation of the unlawful arrest and detention brought against it by Mr. Amos Brosius, a Liberian businessman.
In a judgment read by Justice Dupe Atoki the judge rapporteur, the Court which held that it has jurisdiction to hear the Application contrary to the Defendant`s argument that it lacked jurisdiction, also stated that the applicant did not establish his claim of being detained beyond 24 hours in violation of the country`s constitution and Article 6 of the African Charter on Human and Peoples` Rights.
The Applicant, who is a minority shareholder of Ducor Petroleum Inc. had in suit no ECW/CCJ/APP/05/18 filed through his Counsel, Mr. Celestus Okwy-Ejezie alleged that the Respondent had on the basis of a civil matter instituted by Monrovia Oil Trading Company (MOTC) arbitrarily arrested and detained him for more than 72 hours in violation of the country`s constitution and Article 6 of the African Charter on Human and Peoples` Rights.
The applicant who stood down his allegation that in the course of the hearing of said matter, the Presiding Judge fraudulently authorized the withdrawal of the sum of 1,300,000,000 US Dollars from the account of Ducor Inc thereby violating his right to property however, maintained his claim of the $1Million Dollars as compensation for unlawful arrest and detention by the Defendant.
But the Defendant`s Counsel, Mr. Lafayette B. Gould Sr. denied that the detention was beyond 24 hours as provided for in the constitution of the Republic of Liberia.
Also on the panel was Justice Keikura Bangura.