The Defendant contends that the Plaintiff’s main claim being seizure of his
certificates is not maintainable before this court. The Defendants further argued that
a party seeking relief under the Constitution of the Federal Republic of Nigeria 1999
(as amended) must ensure that the principal relief is directly on the infringement of
his rights as captured in chapter IV of the Constitution. That the Plaintiff’s main
claim is not a right within the contemplation of chapter IV of the Constitution.
It is clear that the Defendant has misconceived the laws upon which the Plaintiff
substantiates his claim. In as much as the case laws of member states could be
persuasive, this Court is not bound by them. Where allegations of rights brought
before it are in line with the international instruments which that member state has
ratified, the Court will determine the matter on the merit notwithstanding the absence
of specificity in citing the laws of that member state. By virtue of such ratification,
member states are bound to protect and promote the human rights of its citizenry
against any form of violation.
The Plaintiffs argument are hinged on violations of several Articles of the African
Charter, the International Covenant on Civil and Political Rights, and the Universal
Declaration of Human Rights. Assuming without conceding that the Defendants
Constitution did not make provisions for the act complained of, the presence or
absence of certain provisions in the said constitution does not oust this court’s
jurisdiction to entertain a matter particularly where the human right instruments
ratified by that member state protect those rights.
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