The Plaintiffs allege that their economic, social and cultural rights as well as their
right to self-determination have been violated due to environmental degradation. The
Plaintiffs also allege that the allocation of oil mining lease licenses by the Defendants
are lopsided. Plaintiffs placed reliance on Articles 1, 19, 20, 21, 22, 23 and 24 of the
African Charter. The provisions of these articles are summarized below:
Article 1 provides for the recognition by Member States of all the rights enshrined
in the Charter, and adoption of means to give effect to them.
Article 19 provides for the equality of all peoples, having the same rights and not to
be dominated by other people.
Article 20 provides for the right to existence of a people, their self-determination as
well as economic and social development.
Article 21 guarantees the rights of all peoples to freely dispose their wealth and
natural resources, recovery in the case of spoliation and dispossession, and the right
to be fully compensated.
Article 22 makes provisions for peoples right to economic social and cultural
development with due regard to their freedom and identity and the equal enjoyment
of the common heritage of mankind.
Article 23 provides for all peoples’ right to international peace and security, while
Article 24 provides for all peoples right to a general satisfactory environment
favorable for their development.
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