The Director Financial Intelligence Unit v Ecobank (FTCC.001/18)  SLHC 1263 (24 April 2018);
IN THE HIGH COURT OF SIERRA LEONE (FAST TRACK COMMERCIAL COURT)
IN TH EMATTER OF AN APPLICATION FOR RESTRAINT OF PROPERTY PURSUANT TO SECTION 76 OF THE ANTI-MONEY LAUNDERING AND COMGATING OF FINANCING AND TERRORISM ACT NO. 2 OF 2012
FINANCIAL INTELLIGENCE UNIT (FIU SL)
•13 WELLINGTON STREET FREeTOWN
l·:COllJ\NI< (SL) LIMITED 3 Cl l,\RLOTTE STl(EET FR1·:ETO \VN
1\llll SANG1\RI I:
19 YAMSON LANI, KISSY, SHELL FREETOWN
- 1'st RESPONDENT
BEFOR THE HONOURABLE JUSTICE MIATTA SAMBA, J
DATED THE 24TH OF APRIL 2018
F\VO Campbell !:sq for the PLAINTIFF
- Jc1lluh Esq fo1· the RESPONDENT
I.. T:1ylor Esq for the intervener,\applicant
- On file is an application by 1vC1y of :rn Ex l'CJrtc ()1·iginC1ting Notice of \lotion elcited the :rn1h elc,y of jCJnuary 201H 101· and on behalf of the 1\pplic111t for the•
:1. That the l,e•spondent herein refrain from disposing of 01· otlwnnS1' dealing with the sum of USIJ 169,500 (One Hundred :111d Sixty Nine Thous:rnd Five Hundred United States llollCJrs) tr:rnsfcrrccl from the· 21 ·1 Century L:rnd Devclop111cnt Partners (SL) Limited, i\ccount 'fo. 0011014fl07541801 on the 3'" Janu;iry 20\fl to thefollowing CJccount:
ACCOUNT NO. 0011131B02B'J3901
- Counsel submits that the Plaintiff is, in collaboration with other competent authorities, carrying out enquiries/investigations to determine whether in respect of the said transfers, an unlawful or money-laundering offence has been committed.
- On file is an Affidavit in Opposition sworn to by Abu Sangarie on the 22nd day of March 2018 for and on behalf of the 2nd Respondent, with certain exhibits including the Certificate of Incorporation of the 21st Century Land Development Partners (SL) Ltd attached. Counsel argues that the 2nd Respondent is a Solicitor for the 21st Century Land Development Partners (SL) Limited who forwarded monies to him with instructions to purchase property in Freetown. He submits that the property shown in Exhibit AS2 has been identified for purchase and tk1l the funds, the subject matter of this litigation are the funds meant for the said purchase.
- Counsel refers to paragraph 8 of the ,\ffidavit in Opposition and submits thci,
\Vithdr;nvals rnJLh_, frnin the Cornp<-1ny':-i dCcount wc_ s for the purpose of rnJkin;; advc1ncc pJyrncnts for the purchase ot the propcny ln !:xhibit ,\S2 hcrcinbefor referred. Counsel submits that tlie funds in the CompJny's ;1ccount arc' Lnvfui
,md 111e,111t fo1· legal busi11css.
- By way of a fin,11 reply, Counsel for the Plaintiff i11dicates to the Court tk1t he will like to file a Reply to the Affid,1vit in Opposition which was, according to Counsel, served on the Plaintiff just the day before this application was moved. The matter was mentioned on the 26th day of March 2018 but there was nu representation. On the 9th clay of April 2018, Counsel for the Plaintiff informed the Court that the l'lainliff has no further documents to submit in respect of the application and the 1\fficbvit in Opposition. This file was thercfo1·e withdr,nvn for ruling.
- I have read the l'x Parte Originating Notice of i\lution and its supporting Affidavit. I h,wc ,liso re,1d the Affidavit made i11 CJppositiu11 of the said !\lotion. [ hc1vc listened \Vith keen interest to irgurnents and subm!ssions macle by both Cou11sel for the Applicant am! 2'"1 Respondent. The Court notes that although the application was made orally on the Ll'" day of f',L11·ch, the l:'x Purtc Notice ri(
Motion is itself elated :l01 h d,1y ofj,rnuc1ry 2018 with a supporti11g ,\1Ticl,1vit sworn
to on the 2"d clay of February 2018. The Court refe1·s to parag1·c1ph 6 of the supponing ,\fficlavit whe1·e the Applicrnt deposes th,H the Applicant commenced investigations into the receipt t1·,rnsfrrs of monies to determine whether the s,1id transfe1·s were unl,nvtul. The Court's position is as follows:
- That the Applicant files an Investigative Report with this Court in respect of 1·cceipt ,mcl t1·ansfer of monies between the l5' Fespo11cle11t, 21" Century Lrncl Development PMtners SL Limited a11d the 2'"1 Respondent within 10 clJys of this Order.
- That each p,1nv-
will 1Jc:1r its own costs.