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
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