For an allegation under this head to succeed, there must be established a different treatment in a similar or identical case. The Court recalls the case of Justice Paul Uuter Dery v. The Republic of Ghana Jud. No. ECW/CCJ/JUD/17/19, para, 88 in which it stated thus “For an action of discrimination to succeed under the articles listed above, there must be established a difference of treatment in an identical or similar case.” The facts of the case as presented by the Applicant does not show that he was discriminated against on the grounds, on race, ethnic group, colour, sex, language, religion, political or any other opinion, national and social origin, fortune, birth or any status, neither has he presented any evidence to show a similar case where a different treatment was effected. The Court is of the view that it is not sufficient to make sweeping allegations but such allegations must be substantiated with sufficient facts and evidence. Based on this consideration, the allegation of discrimination not been well founded, fails and is accordingly dismissed. 49.On the right to equality before the law and equal protection of the law. a) Right to equality before the law The Applicant alleges that his right to equality before the law was violated by the Respondent State. Article 3 of the Charter provides: “1. Every individual shall be equal before the law 2. Right to equal protection of the law” The Court recalls its finding in Badini Slafo v The Republic of Burkina Faso, Judgment No ECW.CCJ/JUD/13/12, where it stated that, “Equality before the law presupposes that equal treatment is accorded people finding themselves in similar situations. Thus, examining the allegation of the violation of the principle of equality requires that at least two similar legal situations be put 20

اختر الفقرة المستهدفة3