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African Human Rights CLA 2.0
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57العلاقات

JUD ECW CCJ JUD 06 22 Registered Trustees of Faculty of Peace v. Fed. Rep. of Nigeria

ECOWAS Court

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جدول المحتويات

I. JUDGMENT3
II. DESCRIPTION OF THE PARTIES3
III. INTRODUCTION3
IV. PROCEDURE BEFORE THE COURT4
V. APPLICANTS’ CASE4
a) Summary of facts4
b) Pleas in law6
c) Reliefs sought 6
VI. RESPONDENT’S CASE7
VII. JURISDICTION7
VIII. ADMISSIBILITY8
IX. MERITS13
Analysis of the Court 15
Alleged violation of the right to freedom of association16
Alleged violation of the right to assemble freely 18
Analysis of the Court 19
X. REPARATIONS28
XI. COSTS33
XII. OPERATIVE CLAUSE33
As to jurisdiction:34
As to admissibility:34
As to merits:34
As to costs:35
As to compliance and reporting35

JUD ECW CCJ JUD 06 22 Registered Trustees of Faculty of Peace v. Fed. Rep. of Nigeria

ECOWAS Court

Preview

Type of Document

Judgement

Keywords

Freedom of Assembly
Freedom of Association

Country

Nigeria

Outcome: Decided on Merits

Year Decided: 21 مارس 2022

African Charter Rights Alleged to be Violated

ACHPR 10 : Right to Freedom of Association
ACHPR 11 : Right to Freedom of Assembly

African Charter Rights Violated

ACHPR 11 : Right to Freedom of Assembly

African Charter Rights Not Violated

ACHPR 10 : Right to Freedom of Association

Duration of Procedure: 18 يونيو 2021 ~ 21 مارس 2022

Country Geolocation

خط العرض: 9.081999

خط الطول: 8.675277

Country Geolocation (مرتبط ECOWAS Court): Nigeria

المستندات الأولية

JUD-ECW-CCJ-JUD-06-22-Registered-Trustees-of-Faculty-of-Peace-v.-Fed.-Rep.-of-Nigeria.pdf
English
تحميل عرض

Banjul charter

Article 11Every individual shall have the right to assemble freely with others. The exercise of this right shall be subject only to necessary restrictions provided for by law in particular thoseenacted in the interest of national security, the safety, health, ethics and rights and freedoms of others.

Treaty

Banjul charter

Article 101.Every individual shall have the right to free association provided that he abides by the law. 2.Subject to the obligation of solidarity provided for in 29 no one may be compelled to join an association.

Treaty

Banjul charter

Treaty

Banjul charter

Treaty

ICCPR

Article 21 The right of peaceful assembly shall be recognized. No restrictions may be placed on the exercise of this right other than those imposed in conformity with the law and which are necessary in a democratic society in the interests of national security or public safety, public order (ordre public), the protection of public health or morals or the protection of the rights and freedoms of others.

UN Document

Rules of procedure

Article 331. An application of the kind referred to in Article 11 of the Protocol shall state: (a) the name and address of the applicant; (b) the designation of the party against whom the application is made; (c) the subject- matter of the proceedings and a summary of the pleas in law on which the application is based; (d) the form of order sought by the applicant; (e) where appropriate, the nature of any evidence offered in support. 2. For the purpose of the proceedings, the application shall state an address for service in the place where the Court has its seat and the name of the person who is authorized and has expressed willingness to accept service. 3. In addition to, or instead of, specifying an address for service as referred to in the first subparagraph; the application may state that the lawyer or agent agrees that service is to be effected on him by telefax or other technical means of communication. 4. If the application does not comply with the requirements referred to in the first and second subparagraphs, all service on the party concerned for the purpose of the proceedings shall be effected, for so long as the defect has not been cured, by registered letter addressed to the agent or lawyer of that party. By way of derogation from Article 77(1), service shall then be deemed to be duly effected by the lodging of the registered letter at the post office of the place where the Court has its seat. 5. The application shall be accompanied, where appropriate, by the documents Specified in the first paragraph of Article 15 of the protocol. 6. If the application does not comply with the requirements set out in paragraphs 1 to 4 of this Article, the Chief Registrar shall prescribe a period not more than thirty days within which the applicant is to comply with them whether by putting the application itself in order or by producing any of the above-mentioned documents. 7. If the applicant fails to put the application in order or to produce the required documents within the time prescribed, the Court shall, after hearing the party, decide whether the non-compliance with these conditions renders the application formally inadmissible.

Rules of Procedure

ECOWAS Revised treaty

ARTICLE59IMMIGRATION1.Citizens of the Community shallhave the rightof entry,residence and establishmentand Member States undertaketo recognisethese rights of Community citizens intheirterritoriesin accordancewiththeprovisionsof theProtocolsrelatingthereto.2.MemberStatesundertaketo adopt allappropriatemeasurestoensurethatCommunitycitizens enjoy fully the rights referredto in paragraph 1 of this Article.3.Member Statesundertaketoadopt,at nationallevel, allmeasuresnecessary forthe effective implementation of the provisions of this Article.

Treaty

2. Universal Declaration of Human Rights

Article 11 1. Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defence. 2. No one shall be held guilty of any penal offence on account of any act or omission which did not constitute a penal offence, under national or international law, at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time the penal offence was committed.

UN Document

2. Universal Declaration of Human Rights

Everyone has the right to life, liberty and security of person.

UN Document

2. Universal Declaration of Human Rights

Article 17 1. Everyone has the right to own property alone as well as in association with others.

UN Document

2. Universal Declaration of Human Rights

Article 10 Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him

UN Document

Banjul charter

Treaty

Banjul charter

Treaty

ICCPR

Article 25 Every citizen shall have the right and the opportunity, without any of the distinctions mentioned in article 2 and without unreasonable restrictions: (a) To take part in the conduct of public affairs, directly or through freely chosen representatives; (b) To vote and to be elected at genuine periodic elections which shall be by universal and equal suffrage and shall be held by secret ballot, guaranteeing the free expression of the will of the electors; (c) To have access, on general terms of equality,to public service in his country.

UN Document

ICCPR

UN Document

ICCPR

UN Document

Banjul charter

Treaty

Banjul charter

Treaty

2. Universal Declaration of Human Rights

UN Document

2. Universal Declaration of Human Rights

Article 3 Everyone has the right to life, liberty and security of person.

UN Document

2. Universal Declaration of Human Rights

UN Document

2. Universal Declaration of Human Rights

Article 17 1. Everyone has the right to own property alone as well as in association with others. 2. No one shall be arbitrarily deprived of his property.

UN Document

Banjul charter

Treaty

Banjul charter

Treaty

ICCPR

UN Document

2. Universal Declaration of Human Rights

Article 17 1. Everyone has the right to own property alone as well as in association with others.

UN Document

2. Universal Declaration of Human Rights

Article 3 Everyone has the right to life, liberty and security of person.

UN Document

2. Universal Declaration of Human Rights

UN Document

2. Universal Declaration of Human Rights

UN Document

Banjul charter

Treaty

Banjul charter

Treaty

Protocol

4. The Court shall have any powers conferred upon it, specifically by the provisions of this Protocol.

Treaty

Rules of procedure

Article 351. Within one month after service on him of the application, the defendant shall lodge a defense, stating: (a) the name and address of the defendant; (b) The arguments of fact and law relied on; (c) the form of order sought by the defendant; (d) the nature of any evidence offered by him. The provisions of Article 32 of these Rules shall apply to the defense. 2. The time limit laid down in paragraph 1 of this Article may be extended by the President on a reasoned application by the defendant.

Rules of Procedure

Rules of procedure

Rules of Procedure

Rules of procedure

2. The time limit laid down in paragraph 1 of this Article may be extended by the President on a reasoned application by the defendant.

Rules of Procedure

Banjul charter

Treaty

Banjul charter

Treaty

Banjul charter

Treaty

Banjul charter

Treaty

Banjul charter

Treaty

3. African Charter on the Rights and Welfare of the Child

ARTICLE 8: FREEDOM OF ASSOCIATIONEvery child shall have the right to free association and freedom of peaceful assembly in conformity with the law.

Treaty

2. Universal Declaration of Human Rights

Article 20 1. Everyone has the right to freedom of peaceful assembly and association.

UN Document

ICCPR

UN Document

57. Guidelines on Freedom of Association and Assembly in Africa

71. Participating in and organizing assemblies is a right and not a privilege, and thus its exercise does not require the authorization of the state. A system of prior notification may be put in place to allow states to facilitate the exercise of this right and to take the necessary measures to protect public safety and rights of other citizens.50a. A notification regime requires that the presumption is always in favor of holding assemblies, and that assemblies not be automatically penalized, through dispersal or sanction, due to failure to notify, subject to the provisions further detailed below. b. Lack of notification shall not be understood to make an assembly illegal.

ACmHPR Soft Law

57. Guidelines on Freedom of Association and Assembly in Africa

ACmHPR Soft Law

Banjul charter

Treaty

Banjul charter

Treaty

Banjul charter

Treaty

Banjul charter

Treaty

Banjul charter

Treaty

Banjul charter

Treaty

Banjul charter

Treaty

Rules of procedure

Article 661. A decision as to costs shall be given in the final judgment or in the order, which closes the proceedings.

Rules of Procedure

Banjul charter

Treaty

Banjul charter

Treaty

Banjul charter

Treaty

Geolocation1
- Countries geolocation1
Treaties and softlaw only56
- Treaty30
- UN Document19
- Rules of Procedure5
- ACmHPR Soft Law2

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اختر نوع العلاقة

Treaties and softlaw only
International cases/decisions
Municipal law
Municipal court decision
Country
Rights Not Violated
Keywords
Outcome
Rights Alleged to be Violated
Rights Violated
Type of Document
Right Not Violated
SADC Treaty Rights Violated
SADC Treaty Rights Not Violated
ACHPR Rights Violated
ACHPR Rights Not Violated
ACHPR Provisions
Cases Referenced
Location

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