4. The Plaintiff Counsel filed on 21 February 2012, his written submissions in
respect of the Preliminary Objections raised by the Federal Republic of
Nigeria.
5. The Court heard the Parties on 23 February 2012 on the Preliminary
Objections raised by the Federal Republic of Nigeria in respect of lack of
jurisdiction.
ARGUMENTS OF THE PARTIES
As regards the Federal Republic of Nigeria
6. Counsel for the Federal Republic of Nigeria maintained that the Court lacks
jurisdiction to adjudicate on the case, by virtue of the force of res judicata
arising from the judgment of the High Court of Abuja (FCT). He contended,
in that regard, that Plaintiff lodged an application before the said High Court
which is similar in every respect to the Application brought before the
instant court. He argued further that on 19 May 2011, the judge of the said
High Court granted Plaintiff’s requests and awarded him damages in the
amount of Five Million Naira (N 5,000,000). He pleaded that the
Application brought by Plaintiff was lodged on 13 June 2011, well after the
judgment delivered by that High Court. He therefore concluded that the
instant Court is compelled by the force of res judicata to refrain from
examining the Application by Plaintiff.
As regards the Applicant
7. Plaintiff Counsel, on his part, maintained that the Court has jurisdiction to
adjudicate on the case and asked the Court to use its own discretion as to the
force of res judicata.
ANALYSIS OF THE COURT
8. The Application before the Court deals with human rights violation, notably
violation of Articles 4, 5, 6 and 12 of the African Charter on Human and
Peoples’ Rights. The Court has indicated on several occasions that it has
jurisdiction to adjudicate on a case once the matter brought relates to human
rights violation and where the subject-matter of the application is to ask the
Court to find that such violation has occurred in a Member State (cf. Hissein
Habré v. Senegal, Judgment of 14 May 2010, paragraphs 53, 58 and 59;
Case Concerning Alhaji Muhammad Ibrahim Hassan v. Gombe State and
Nigeria, Judgment of 15 March 2012, paragraph 38). Consequently, the case
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