ECOWAS Court Fixes 20 October to Deliver Judgment in a suit filed by Senegalese alleging the illegal seizure of his 100 million CFA by the government.
The ECOWAS Community Court of Justice has fixed 20 October 2020 to deliver judgment in a case brought by a Senegalese, Mr Siny Dieng alleging the violation of his human rights by the Republic of Senegal following the seizure of about 100 million CFA of his funds earned and repatriated from Europe.
In the initiating application with suit no ECW/CCJ/APP/50/19, filed before the Court on 16 December 2019, by the plaintiff’s Counsel Mr Assane Dioma Ndiaye, the plaintiff urged the Court to declare the defendant liable for violations of his rights to fair hearing, property, and order payment of 80 Million CFA Francs as reparation.
In documents filed before the Court, the plaintiff claimed that he lived and worked in Europe for over nine years, during which he saved and repatriated about 100 Million CFA Francs to his home country, Senegal.
He further claimed that the defendant charged him to court for money laundering, froze his account and eventually convicted him through the national court which ordered the transfer of the funds to the Senegalese Public Treasury.
On their part, the defendant through its agent Mrs Ramatoulaye Ly raised a preliminary objection in which she argued that the Court lacked jurisdiction to hear the matter as it will amount to the court interfering in national laws and reviewing the decision of a national court.
On the merit of the case, the defendant’s counsel argued that the rights of the plaintiff were respected as he was accorded fair hearing and represented by his counsels during all the proceedings at the national courts, including at the Supreme Court where he had appealed the matter.
Mrs Ly further argued that there was no violation of presumption of innocence and that the plaintiff was convicted and the money seized based on the State’s Act No. 2004-09 of 6 February 2004 on combating money laundering.
The defendant therefore urged the Court to dismiss the case as unfounded.
Declaring the oral proceedings ended, the presiding judge, Honourable Justice Dupe Atoki adjourned the matter to 20 October 2020 for judgment.
Also on the three member panel of the court on the matter Justices Keikura Bangura, and Januaria T.S. Monteiro Costa.