stipulates the jurisdiction of the Court with Article 9 (4) of the said 2005
Protocol being the most relevant and it provides:
“The Court has jurisdiction to determine cases of violation of
human rights that occur in any Member State.”
26.This Court has in its flourishing jurisprudence held that the mere allegation that
there has been a violation of human rights in the territory of a member state is
sufficient to justify its jurisdiction on the dispute, surely without any prejudice
to the substance and merits of the complaint which has to be determined only
after the parties have been given the opportunity to present their case, with full
guarantees of fair trial. See SERAP v. FRN & 4 Others ECW/CCJ/JUD/16/14.
27.Also in Kareem Meissa Wade v. Republic Of Senegal, ECW/CCJ/JUD/19/13, at
pg. 259 Para. 95 (3), this Court held that: “Simply invoking human rights violation
in a case suffices to establish the jurisdiction of the Court over that case.” See
also Bakare Sarre v Mali (2011) CCJELR pg. 57 and Dr. George S. Boley v The
Republic Of Liberia & 3 Ors. ECW/CCJ/JUD/24/19.
28.The claim of the Applicant is premised on a plethora of allegation of violation of
his rights as listed in paragraph 13 iv supra. In line with the above jurisprudence
of the Court vis-à-vis the facts of the present application, it is our view, that the
Court has the requisite competence to determine the application submitted by the
Plaintiff same been premised on allegation of human rights contained in his
initiating documents.
ii. Access to court
29.In determining persons who can access the Court, Article 10 (d) grants access to:
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