In paragraph 4 of Article 9 of the Supplementary Protocol, it states:
"The Court has jurisdiction to determine cases of violation of human rights that occur in any
Member State.
In paragraph (d) of Article 10, it is stated therein that:
"Individuals and corporate bodies in proceedings for the determination of an act or inaction of a
Community official which violates the rights of the individuals or corporate bodies....;"
The combined effect of the provisions indicates that any violation of human rights in any Member State may
be brought by individuals or corporate bodies before this Court for adjudication.
The thorny question to pose for consideration is whether there was such violation of fair hearing.
29. In Articles 9 and 10 of the Supplementary Protocol, there is no specification or cataloguing of various
human rights but by the provision of Article 4 paragraph (g) of the Treaty of the Community, the Member
States of the Economic Community of West African States (ECOWAS) are enjoined to adhere to the
principles including 'the recognition, promotion and protection of human and peoples' rights in accordance
with the provisions of the African Charter on Human and Peoples' Rights.
Even though there is no cataloguing of the rights that the individuals or citizens of ECOWAS may enforce,
the inclusion and recognition of the African Charter in Article 4 of the Treaty of the Community behoves on
the Court by Article 19 of the Protocol of the Court to bring in the application of those rights catalogued in
the African Charter.
30. For further clarity, Article 19 of the Protocol of the Court provides that: "The Court shall examine the
dispute before it in accordance with the provisions of the Treaty and its Rules of Procedure. It shall
also apply, as necessary, the body of laws as contained in Article 38 of the Statutes of the
International Court of Justice."
In Article 38 of the Statute of the International Court of Justice, it is provided therein as follows:
Article 38
"1. The Court, whose function is to decide in accordance with international law such disputes as
are submitted to it, apply:
a. international conventions, whether general or particular, establishing rules expressly recognized
by the contesting states;
b. international custom, as evidence of a general practice accepted as law;
c. the general principles of law recognized by civilized nations;
d. subject to the provisions of Article 59, judicial decisions and the teachings of the most highly
qualified publicists of the various nations, as subsidiary means for the determination of rules of
law.
2. This provision shall not prejudice the power of the Court to decide a case ex aequo et bono, if the
parties agree thereto."
31. The vital paragraph in the quotation above is paragraph (c) wherein the Court is empowered to apply
the general principles of law recognized by civilised nations. In Les Verts case 1998, 97 the European
Court of Justice per R. Dehousse, held inter alia that the European Economic Community is a Community
based on the rule of law and that the acts of the Member States shall be reviewed, and measures adopted
shall be in conformity with the basic constitutional charter, the Treaty. In the case of Aegean Sea
Continental Shelf (GREECE V. TURKEY) ICJ Reports 1976 at 15-16 the Court applied the provision of
Article 38 (1) (c) of the Statute of the International Court of Justice to protect the rights of an individual in
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