I.
THE PARTIES
1.
The Application is filed by Chief Festus A. Ogwuche and 25 others
(hereinafter referred to as “the Applicants”) who are nationals of various
member States of the Economic Community of West African States
(hereinafter referred to as “the ECOWAS”). Also among the Applicants is a
Non-Governmental Organization (hereinafter referred to as an “NGO”) listed
as the Campaign for Social Justice and Constitutional Democracy in Africa.
2.
The Application is filed against the following 15 States:
i.
The Republic of Côte d’Ivoire, which became a Party to the African
Charter on Human and Peoples' Rights (hereinafter referred to as
“the Charter”) on 31 March 1992 and to the Protocol on 25 January
2004. It deposited the Declaration under Article 34(6) of the Protocol
(hereinafter referred to as “the Declaration”) on 23 July 2013 through
which it accepted the jurisdiction of the Court to accept cases from
individuals and NGOs. On 29 April 2020, the Republic of Côte d'Ivoire
deposited, with the African Union Commission (hereinafter “the
AUC”), the instrument of withdrawal of its Declaration. The Court has
held that this withdrawal had no bearing on pending cases or on new
cases filed before it came into effect, one year after its deposit, that
is on 30 April 2021.1
ii.
The Republic of Guinea became a Party to the Charter on 21 October
1986. It is not a Party to the Protocol and, resultantly, has not
deposited the Declaration.
iii. Burkina Faso became a Party to the Charter on 21 October 1986 and
to the Protocol on 25 January 2004. Burkina Faso deposited the
Declaration on 28 July 1998 thereby accepting the jurisdiction of the
Court to accept cases from individuals and NGOs.2
1 Suy Bi Gohore Emile and others v. Republic of Côte d’Ivoire (15 July 2020) 4 AfCLR 406, § 68.
2 Beneficiaries of Late Nobert Zongo and others v. Burkina Faso (merits) (28 March 2014) 1 AfCLR 219,
§ 49.
3