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the Court how the name of the vessel was changed from "Elizabeth Rose" to
"Ocean King". Further, counsel noted that plaintiff failed to satisfactorily explain
the discrepancy between the date of pw-chase and that on which the name was
changed, alleging that Nigerian Law allows it without pinpointing my specific
legislation within Nigeria that permits that.
26. Again, the deed of sale presented by the plaintiff is made in the name of one
Mohammed Jibril but this person was not invited by plaintiff to testify on its
behalf. The deed of sale also lacked important characteristics such as name and
home port, major dimension, place and date of construction, numbers of crew and
passenger capacity, nature, type and brand of propulsive devices among others.
27. Counsel also submitted that after evaluating all the evidence before the Court,
the plaintiffs application ought to fail as it has not established the violation of any
human right which is based on any specific human rights text. He continued that
plaintiff vaguely made reference to the African Charter, Revised Treaty of
ECOWAS and the Protocols relating thereto without stating the relevant provisions
that are breached in these legislations. Also, the Tribunal Regional Hors Classe de
Dakar that made the decision divesting plaintiff of the ownership of the vessel in
dispute was properly seised of the case and made its decision after hearing the
parties involved. The Ce1iificate on Non Appeal (Annexure A) attached to
defendant's defence and issued by the Tribunal Regional Hors Classe clearly
indicated that the plaintiff was a party to the proceedings. The decision is therefore
valid.
28. With respect to the arguments in supp01t of the defendant's case, learned
counsel stated that the plaintiffs a p plication ought to fail on technical grounds
based on this Court's own jurisprudence. Learned com1sel to the defendant stated
that it is only individuals who can directly come to the Court on matters of human
rights. Counsel continued that this Court, after making reference to Articles 9 (4)
and 10 (d) of the Protocol as amended, affirmed in the cases of Chief Ebrimah
Manneh v. Republic of The Gambia (Suit No. EC W/CCJ/APP/04/07, judgment
delivered on 5th June 2008) and Hadijatou Mani Koraou v. Republic of Niger
(Suit No. ECW/APP/08/07, judgment delivered on 2ih October 2008) that it is
only individuals who can approach this Court in matters of human rights.
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