GERTRUDE SACKEY TORKORNOO MOOT COURT

COMPETITION
A.D. 2024

THE STATEMENT OF FACTS

ACCRA – GHANA

ORAL HEARINGS – SEPTEMBER 2024

This moot problem is a work of fiction. It does not necessarily represent or depict the usual or known
court process; nor does it conform to its conventional procedures. The names, characters, places, and
incidents in it are a product of the author’s imagination. Any resemblance to actual places, events,
persons, living or dead or any organization is purely coincidental.

8th February 2024

 IN THE SUPERIOR COURT OF JUDICATURE
IN THE SUPREME COURT OF JUSTICE
ZEEIS - A.D 2044

IN THE MATTER OF THE CONSOLIDATED SUITS

KWABENA MULLAR

VRS.

THE ATTORNEY GENERAL OF THE REPUBLIC OF ANKOR

&

THE REPUBLIC OF ANKOR

VRS.

1. MARVEL AZUTO

2. CLANDESTINE LAW PARTNERS LTD.

3. PAUL BADMAN

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 A.D. 2044

STATEMENT OF FACTS

1. The Republic of Ankor is a developing country in West Africa. It is a multicultural

nation with a population of approximately 35 million. The country is divided into 16
regions. The land mass of Ankor is 238,535 km2. The economy of the country is largely
controlled by the private sector and is heavily dependent on imports. It is bounded by
Bervia to the north, the Democratic Republic of Yhuga to the west, the Zinkal Coast
to the east, and the Atlantic Ocean to the south. Amongst all its neighbors, Ankor
maintains close relations with the Republic of Bervia. The two countries routinely
enter into Bilateral Agreements covering trade, education, and technology transfer
among others. Ankor has a reputation for abiding by all its international obligations.

2. Since it gained independence in the historic year of 1957, Ankor has embarked on a
remarkable journey of industrialization. This journey has been marked by unwavering
dedication and persistent efforts to transform the nation's economic landscape. Over
the decades, Ankor has strived to harness its abundant natural and human resources
to propel itself toward modernity and self-reliance. Its progress has been driven by a
robust private sector, primarily focused on agriculture and mineral extraction. The
private sector in Ankor sustains millions of Ankor’s population through job creation
and employment. It is also the backbone of the country's export industry.

3. In recent years, Ankor's economy has witnessed a huge transformation because of the
substantial influx of Foreign Direct Investment (FDI). This infusion of external capital
and expertise has revitalized the nation's industries and boosted its GDP, surpassing
the coveted One billion USD mark, signaling to both domestic and international
stakeholders that Ankor is on a trajectory of sustained economic growth. This
impressive growth underscores Ankor's emergence as a developing economy and a
formidable player in the global economic arena.

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4. Yet, behind the veil of progress, Ankor has always grappled with corrupt leadership.
Ministers and other government officials are susceptible to pecuniary inducements in
exchange for wielding their influence in favor of malefactors. Also, government officials
routinely divert resources earmarked for the collective welfare of the Ankorian
citizens into their private coffers. This pervasive corruption is so deeply entrenched
in certain echelons of the government that it has undermined public confidence in
public administration, the just allocation of resources, and the overall advancement of
the nation. Indeed, it is widely accepted among the Ankorian populace that corruption
poses a formidable challenge to the nation’s aspirations.

5. Moreover, alongside the spectre of corruption, Ankor also grapples with the pervasive
issue of illicit financial flows. Ankor is a prime recipient of illicit financial flows from
criminal activities such as illegal drug trade, cybercrime, fraud, and smuggling, and
money laundering is prominent in both the public and private sectors. Private Citizens
also engage in asset concealment as a means of making illicit funds clean. Money
launderers exploit the vulnerabilities within the financial system, threaten the stability
of the banking sector, and exacerbate the wide economic inequality among Ankorian
citizens.

6. As Ankor stands in the eyes of both storms, the government has recognized the
pressing need for comprehensive anti-corruption measures and a strengthened
regulatory framework to combat money laundering. Ankor has partnered with
International organizations such as the United Nations and Interpol in the fight against
corruption and illicit financial activities in Ankor.

7. The government of Ankor recently enacted strict regulations to combat money

laundering and illicit financial flows, chief among them being the Anti-Money
Laundering Act, 2020 (Act 1044) and its accompanying protocols. These regulations
include stringent reporting requirements for financial institutions and the imposition
of severe penalties for non-compliance.

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8. Amidst all these stood a towering figure – Kwabena Mullar, a pioneer of crypto trading
in Ankor. Kwabena Mullar is a self-made millionaire, heralded as one of the most
accomplished business magnates on the entire continent. His story, a testament to grit
and vision, was woven into the fabric of Ankor’s modern history. Kwabena is a citizen
of Bervia who emigrated to Ankor as a child. He belonged to the Twumians, an ethnic
minority in the state of Bervia, constantly persecuted in the state.

9. Kwabena’s empire spanned a diverse range of ventures, from tech startups to thriving
manufacturing facilities, making him a true entrepreneurial virtuoso. Yet, his fame
transcended mere business acumen. He was known as a beacon of hope, a
philanthropic giant who channeled his vast wealth into schools, hospitals, and various
charitable causes. His generosity had transformed the lives of countless Ankorians,
leaving an indelible mark on the nation’s social fabric.

10. Amidst the swirl of cryptocurrencies, Kwabena Mullar found himself at the forefront
of a true financial revolution. With a keen eye for emerging trends, he not only
embraced digital currencies but also pioneered their integration into his businesses,
further propelling his enterprises to the zenith of success. As Ankor's reliance on
cryptocurrencies grew, Kwabena's role as a trailblazer in the digital economy became
increasingly pronounced.

11. Beneath the veneer of philanthropy and legitimate business success that Kwabena
Mullar projected, a shadowy underbelly whispered of clandestine dealings and
unsavory alliances. Whispers in the corridors of power and among the populace
suggested that, despite his grand enterprises, Kwabena was involved in money
laundering, shrouding the origins of his immense wealth.

12. One particularly disturbing revelation revolved around one of Kwabena's businesses
known to the underworld community as “The Obscura Exchange” – a dark market
scheme that operated on the fringes of legality. Here, illicit goods and services such as
narcotic drugs, unlicensed small arms, counterfeit goods, malware, and spyware were
traded in the shadows, with transactions conducted anonymously. The mere existence

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 of such an enterprise within Kwabena's expansive business portfolio cast a dark cloud
over his reputation and fueled the suspicion that he was profiting from illegal activities.

13. As time passed by, allegations emerged that Kwabena Mullar was the head of “The
Yung Mullar Family”, one of the deadliest crime rings in Ankor that had its finger in all
manner of illegal activities such as organized crime, drug trafficking, arms trafficking,
cybercrime, racketeering, contraband trade, and money laundering. It was also
rumoured that the Yung Mullar Family was also engaged in terrorist financing. The
Yung Mullar Family constantly sought to expand their empire and had recently set
their eyes on trade in rare minerals and resources such as coltan, diamonds, ivory,
gemstones, and other rare minerals such as Uranium deposits, which were in high
demand on the black market due to their usefulness for nuclear weapons. These
allegations shook the very foundations of trust and faith that the people of Ankor had
placed in Kwabena Mullar.

14. As Ankor grappled with these disturbing revelations, uncertainty loomed over
Kwabena Mullar's reputation. The man who had once been celebrated as a beacon of
hope and progress was now mired in controversy, and the truth behind his staggering
wealth remained unknown.

15. In the year 2021, as the whispers of suspicion surrounding Kwabena Mullar's
businesses grew louder, he sought the assistance of a skilled legal mind to restructure
the operations of his businesses. He turned to the enigmatic lawyer, Paul Badman, a
Partner and Director at Clandestine Law Partners Ltd, one of the oldest law firms
registered as a limited liability Company in Ankor. In confidential discussions with Paul
Badman, Kwabena revealed his unsettling intentions: He aimed to restructure his
sprawling business empire, creating multiple layers that do not lead back to him as the
founder and leaving room for him to expand his other interests. The objective was
clear - to legitimize the proceeds from his illicit activities and establish a seamless
conduit for channeling funds offshore.

16. The legal machinations unfolded and a sinister alliance took shape. Kwabena Mullar
and Paul Badman plotted a course that would test the limits of legality.

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17. As they rolled out the restructuring plan, Kwabena Mullar's vast business empire began
to undergo a transformation that would confound even the most astute investigators.
Layers upon layers of companies were established, each seemingly independent, yet
intricately connected in a web of complexity that would baffle anyone attempting to
trace the flow of funds.

18. Paul Badman skillfully manipulated the legal framework to create an impenetrable
fortress around Kwabena's wealth. The plan was meticulous, designed to obscure the
origins of funds generated from illicit activities and seamlessly integrate them with
legitimate earnings from Kwabena's sprawling enterprises. All of Paul’s communication
with Kwabena were done through the law firm’s official communication channels, with
the firm acting as company secretary for all Kwabena’s companies. Additionally, all
letters and legal opinions were issued on the letterhead of Clandestine Law Partners
Ltd.

19. With each passing day, Ankor's financial landscape became more convoluted, and the
line between legitimate business and criminal enterprise grew increasingly blurred.
Kwabena's newfound ability to send substantial sums of money offshore only deepened
the enigma surrounding his wealth. The offshore accounts acted as conduits for his
wealth, allowing it to flow beyond the reach of Ankor's authorities.

20. However, in the world of clandestine dealings, secrets rarely remain buried forever.
As the layers of the restructuring plan piled higher, cracks in the facade began to
appear. Whistleblowers in the form of former CEOs of some of the Shell Companies
in Kwabena’s sprawling business empire, haunted by the weight of their complicity in
the web of deception, started to emerge. Rumors of the restructuring's true purpose
spread like wildfire, and investigative journalists began to piece together the puzzle.
One of the Investigative journalists who took an interest in Kwabena’s wealth was
Alukwei Azar. He released a documentary that revealed that Kwabena, through the
Yung Mullar family served as one of the financiers of the Twumian Freedom Fighters
(“TFF”), a guerilla group located in the neighboring mineral-rich country of Bervia.

21. Although widely regarded by the international community as a terrorist group, the
TFF had a distinct goal to secede from Bervia as a result of the systemic oppression

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 they suffered from being the ethnic minority in the county. Alukwei, in his
documentary, alleged that Kwabena provided the TFF with guns, ammunition, and
constant funding to ensure that they were always adequately equipped in their quest
to secede from Bervia, while causing civil unrest in Bervia.

22. The documentary further alleged that Kwabena’s main aim for financing the TFF was
to gain access to the uranium deposits in Bervia, allowing his company in Bervia – Julor
Mineral Exports Ltd, to have access to the mine and export uranium to European
nations. The uranium was a valuable and highly sought-after natural resource with vast
implications for global power dynamics. This alleged unholy alliance between the
millionaire and the guerrilla group had far-reaching consequences, threatening regional
stability and raising alarms among neighbouring nations.

23. Within Kwabena Mullar's vast business portfolio in Ankor was a seemingly legitimate
enterprise – a security company known as “Eagle Eye” that specialized in cutting-edge
technology such as 3D Mapping Software, Motion Sensory Technology, Artificial
Intelligence, Development of Drones and Unmanned Aerial Vehicles (UAVs). The
Board of Eagle Eye chaired by Kwabena Mullar, approved the use of US$50 million
from the company funds for the creation of a state-of-the-art surveillance technology
that would render all others obsolete. These funds were lodged in a separate company
account of which, Marvel Azuto, the Chief Executive Officer of Eagle Eye and team
lead on this project was the sole signatory for withdrawal and disbursement. Driven
by his avaricious nature, Marvel Azuto pocketed 25 million USD and spent the
remaining 25 million on the project.

24. Due to his ingenuity and supervision, Marvel Azuto masterminded the creation of a
sophisticated surveillance software system called “Pegasus”. This invasive technology
granted unparalleled access to network cameras that were primarily used for
surveillance by both public and private companies in the entire state of Ankor. The
technology had the potential to grant access to private webcams and cell phone data,
without the knowledge of the user so long as it was connected to the internet. With
this invasive technology at his fingertips, he possessed the alarming ability to trace the
movements and activities of any individual he wished, anywhere within the country. It
was a power that few could comprehend, and even fewer were aware of its existence.

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25. At the time of the development of this software, the software developers informed
Marvel Azuto about the need to put in necessary safeguards to prevent any hackers
from having access to it. According to them, the effects will be devastating if hackers
somehow gain access to the software. However, these safeguards were going to cost
an extra US$5 million to develop. Although the company could afford it, Marvel Azuto
refused to provide more funds to install stronger safeguards. In his estimation,
Ankorian citizens did not possess the sophisticated hacking skills necessary to invade
his software.

26. Cloaked within the framework of his security business, Pegasus granted Kwabena an
unprecedented level of control over and access to private information. Although
Pegasus had not yet been outdoored to the general public and potential investors, the
potentially invasive nature of the software alarmed its developers and information had
already been anonymously leaked onto tech chatrooms and Twitter circles. The
anonymous developer that leaked the information also expressed frustrations at the
refusal of the CEO of Eagle Eye to heed concerns raised about the porous nature of
the safeguards protecting the software.

27. The very notion that a single individual could possess such invasive authority sent
shockwaves through the nation's security apparatus and raised profound concerns
about privacy and civil liberties. This came at a time when the state of Ankor was
considering a radical transformation of its national surveillance systems in a bid to
battle rising crimes. This was part of a government initiative aimed at early crime
detection through holistic citizen activity monitoring through access to all private cell
phone communications, cameras, and social media accounts.

28. The surveillance combined with behavioral analytics would aid the government to keep
track of potential criminals and act fast to foil any criminal plots. Although Eagle Eye
was considered a forerunner for the award of the government contract to upgrade
the systems for this user activity monitoring, concerns were raised about the invasive
nature of the Pegasus software and the breach of privacy.

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29. Marvel Azuto, in a bid to secure the lucrative government contract, had a lengthy
midnight phone call with the sector minister, his old schoolmate. By the next morning,
the minister had agreed to award the national surveillance system procurement
contract to Eagle Eye through sole sourcing. As a result, Azuto gave unfettered access
of the software to the government to beef up the country’s surveillance efforts.

30. Since 2035 when this access was given, the government has been able to reduce
kidnapping by 90% and the general crime rate has drastically reduced. This was as a
result of the ease with which the police and other law enforcement agencies were able
to identify perpetrators and track them through the geo-tracing and facial recognition
features of the Pegasus software. Emergency responses were also more efficient. By
2038, the government had become fully reliant on this software and had fully
integrated it into the state’s security apparatus.

31. The fears of the software developers came to pass in 2039. Some unscrupulous
hackers calling themselves the “Swaydee boys” easily gained access to the Pegasus
System due to its weak safeguards. With this access, they attacked the main security
framework of the country and released state secrets concerning surveillance
operations on the user activity of all citizens, confidential government strategies on
pre-emptive law enforcement, public policy, and national security data. The attack on
the national security framework resulted in a temporary impairment of key sections
of the framework that controlled the web security for the entire nation as well as the
security of national financial institutions.

32. The resultant shutdown allowed the commission of other crimes such as robbery and
stealing as security cameras, motion sensing, and key security software in national
banks and their ATMs were disabled. Further, because the web security apparatus of
the country was affected, cyber fraud, financial fraud, intellectual property theft, and
data breaches were rife. For ten days, the entire state security apparatus was crippled
as a result of the damage done by the hackers.

33. Things took a darker and more dangerous turn when it became clear that the software
had been exploited once again by the Swaydee Boys to aid in a bank heist of the
Central Bank of Ankor that saw the state lose over 2 billion Ankorian dollars. Using

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 the surveillance capabilities of Pegasus systems, the Swaydee Boys had meticulously
planned and executed the heist, leaving law enforcement agencies scrambling for
answers. The investigative efforts of the police into the hacking events were further
stymied by the lack of cooperation of Eagle Eye who were under strict instructions
from the CEO, Marvel Azuto to not disclose any information or documents
concerning Pegasus to the police.

34. Calls for Kwabena's arrest grew louder and more insistent by the day. The mounting
evidence of his alleged involvement in money laundering, the bank heist, and other
related crimes had shaken Ankor to its core. The public outcry reached a crescendo
as citizens demanded justice and accountability from a man who had once been
regarded as a symbol of success and philanthropy.

35. Law enforcement agencies, under immense pressure from both the public and
international partners, launched a thorough investigation into Kwabena's activities. The
allegations were grave, and the evidence appeared to be damning. In a surprising
development, the media got wind of two informants who had approached the police
to give statements; a former Developer at Eagle Eye and a disgruntled Senior Associate
who had been passed up for Partnership at Clandestine Law Ltd.

36. The developer gave a statement alleging that the failure to tighten the security
safeguards of Pegasus was the direct result of decisions taken by the team lead on the
project. He claimed that though he could not guess his reasons, the CEO of Eagle Eye
had intentionally ignored all warnings and refused to allow the strengthening of the
safeguards without assigning any reasons for the decision.

37. The disgruntled Senior Associate also gave crucial information to the State concerning
the inner operations of Kwabena’s business empire, describing it as an intricate web
of lies and corruption with Clandestine Law perched on top of it as the agent of
Kwabena Mullar, spinning an intricate web by setting up shell companies and concealing
assets at his behest.

38. The future of Kwabena Mullar, and indeed the entire nation, hung in the balance, as
the weight of the allegations threatened to reshape the course of Ankor's history, and

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 determine whether justice would prevail in the face of a man who had, for so long,
seemed beyond reproach.

39. Kwabena has always been a vocal supporter of the present government and has been
the ruling party’s largest individual financier. Thus, the president of Ankor, President
Jamada Musa, and the entire state apparatus of the Republic of Ankor were reluctant
to prosecute him. However, the government of the Republic of Bervia has issued a
warrant for the arrest of Kwabena seeking to prosecute him for treason, crimes
against the peace, and terrorism financing because of the activities of the TFF, primarily
carried out in Bervia.

40. Due to the unwillingness of the state of Ankor to prosecute Kwabena, President
Jamada agreed with President Taonga of Bervia to extradite Kwabena to Bervia for
prosecution. Bervian law was harsher and he stood to face a higher custodial sentence
if prosecuted in Bervia rather than in Ankor. Bervia and Ankor however did not have
an extradition agreement in place. Thus, in a leaked public document, President Jamada
instructed the Ankorian Minister of Foreign Affairs, Nuna Ant, to travel to Bervia and
“formalise extradition arrangements concerning Mr. Kwabena Mullar”.

41. In Bervia, the Minister went ahead to negotiate and sign an overarching extradition
treaty between the two countries which would then allow for the transfer of Mr.
Kwabena Mullar. Not long afterward, the Ankorian Ministry of Interior began
processes to extradite Kwabena to Bervia. However, lawyers for Kwabena brought
an action in the Supreme Court to prevent the extradition, arguing that the extradition
treaty was unconstitutional, and consequently, not binding on the state of Ankor, as it
did not receive the needed parliamentary ratification. They submitted that Kwabena
Mullar could not be extradited to Bervia in the absence of this extradition treaty. In
any event, the offences which he was sought to be extradited for were political and
he could therefore not be extradited.

42. Meanwhile, the Attorney-General of the Republic has also commenced an action
against Kwabena in the High Court, against the express instructions of the President
and other members of the executive. Marvel Azuto was arrested and charged with
aiding and abetting the bank heist before the High Court. The Attorney General also
commenced an action against the law firm, Clandestine Law Partners Ltd, and Paul

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 Badman, for aiding and abetting money laundering, arguing that they gave legal advice
that was used to facilitate the money laundering activities of Kwabena.

43. Under the laws of Ankor, the Supreme Court has exclusive original jurisdiction in the
Interpretation and Enforcement of the Ankorian Constitution. Article 130(8) of the
Ankorian Constitution further provides that the Supreme Court has an additional
original concurrent jurisdiction in Criminal matters with the High Court though this
power was rarely exercised unless upon the strict direction of the Chief Justice. On
this momentous occasion, the Chief Justice in a historic decision has directed that all
issues were to be consolidated and heard by the Supreme Court of Ankor. The
following issues have been set down for hearing:

i. Whether Kwabena Mullar can be extradited to Bervia.

ii. Whether Marvel Azuto is criminally liable for aiding and abetting the bank heist.

iii. Whether Clandestine Law Partners Ltd and Paul Badman are criminally liable
for aiding and abetting money laundering.

44. The media and the public of Ankor are abuzz. They can barely wait for 22nd September
2044 when the trial of business mogul, Kwabena Mullar, and his alleged accomplices
will commence in earnest. Assuming all other jurisdictional and procedural matters
have been met, the Supreme Court has ordered the parties to file written legal
submissions (memorials) and has set the date to hear the oral arguments by the rules
of the competition. Unless otherwise stated or expressly inconsistent with the facts,
the laws, the history, the institutions, and any other relevant fact concerning Ankor
are identical to those of the Republic of Ghana.

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