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أوازي من إعداد:
African Human Rights CLA 2.0
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معلومات
53العلاقات

ECW CCJ JUD 20 19

ECOWAS Court

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Assisted by1
PARTIES2
SUMMARY OF FACTS2
8. WHEREUPON THE APPLICANTS SEEK THE FOLLOWING RELIEFS/ORDERS:4
ISSUES FOR DETERMINATION.5
DECLARES21

ECW CCJ JUD 20 19

ECOWAS Court

Preview

ECCJ App no.: ECW/CCJ/APP/32/17

ECCJ Jud No.: ECW/CCJ/JUD/20/19

Type of Document

Judgement

Keywords

Liquidation of Company
Right to Property
Right to Work
Workers' Rights

Country

Nigeria

Outcome: Decided on Merits

Year Decided: 15 مايو 2019

African Charter Rights Alleged to be Violated

ACHPR 12 : Right to Freedom of Movement
ACHPR 13 : Right to Participate in Government
ACHPR 14: Right to Property
ACHPR 15 : Right to Work
ACHPR 17.2: Freedom to Participate in Community Cultural Life
ACHPR 18.2: Assistance to family
ACHPR 19: Right of All Peoples to Equality and Rights
ACHPR 20 : Right to Self-Determination
ACHPR 21: Right to Free Disposal of Wealth and Natural Resources
ACHPR 22: Peoples' Right to Economic, Social and Cultural Development
ACHPR 24 : Right to a General Satisfactory Environment
ACHPR 25: Duty to promote and ensure respect of the rights and freedoms contained in the Charter
ACHPR 27.1: Duties towards family and society, the State and other legally recognized communities
ACHPR 27.2: Obligations of individuals when exercising rights and freedoms
ACHPR 29: Other Duties of Individuals
ACHPR 4: Right to Life and Intergrity
ACHPR 5: Cruel Inhuman and Degrading Treatment
ACHPR 6 : Right to Personal Liberty and Protection from Arbitrary Arrest
ACHPR 60: Drawing inspiration from international law
ACHPR 61: Taking into consideration measures to determine principles of law
ACHPR 7 : Right to Fair Trial

African Charter Rights Not Violated

ACHPR 12 : Right to Freedom of Movement
ACHPR 13 : Right to Participate in Government
ACHPR 14: Right to Property
ACHPR 15 : Right to Work
ACHPR 17.2: Freedom to Participate in Community Cultural Life
ACHPR 18.2: Assistance to family
ACHPR 19: Right of All Peoples to Equality and Rights
ACHPR 20 : Right to Self-Determination
ACHPR 21: Right to Free Disposal of Wealth and Natural Resources
ACHPR 22: Peoples' Right to Economic, Social and Cultural Development
ACHPR 27.1: Duties towards family and society, the State and other legally recognized communities
ACHPR 27.2: Obligations of individuals when exercising rights and freedoms
ACHPR 29: Other Duties of Individuals
ACHPR 4: Right to Life and Intergrity
ACHPR 5: Cruel Inhuman and Degrading Treatment
ACHPR 6 : Right to Personal Liberty and Protection from Arbitrary Arrest
ACHPR 60: Drawing inspiration from international law
ACHPR 61: Taking into consideration measures to determine principles of law
ACHPR 7 : Right to Fair Trial

Duration of Procedure: 22 أغسطس 2017 ~ 15 مايو 2019

Country Geolocation

خط العرض: 9.081999

خط الطول: 8.675277

Country Geolocation (مرتبط ECOWAS Court): Nigeria

المستندات الأولية

ECW_CCJ_JUD_20_19.pdf
English
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تحميل عرض

Protocol

Article 1: DefinitionIn this Protocol, the following expressions shall have the meanings assigned to them hereunder; “Treaty"means the Treaty of the Economic Community of West African States and includes Protocols and Conventions annexed thereto;“Community” means the Economic Community of West African States established by Article 1 of the Treaty;"Member State"or "Member States"means a Member State or Member States of the Community;"Authority"means Authority of Heads of State and Government of the Community established by Article 5 of the Treaty;"Chairman of the Authority"means the current Chairman of the Authority of Heads of State and Government of the Economic Community of West African States;

Treaty

Banjul charter

Treaty

Banjul charter

Article 4Human beings are inviolable. Every human being shall be entitled to respect for his life and the integrity of his person. No one may be arbitrarily deprived of this right. Article 5Every individual shall have the right to the respect of the dignity inherent in a human being and to the recognition of his legal status. All forms of exploitation and degradation of man particularly slavery, slave trade, torture, cruel, inhuman or degrading punishment and treatment shall be prohibited. Article 6Every individual shall have the right to liberty and to the security of his person. No one may be deprived of his freedom except for reasons and conditions previously laid down by law. In particular, no one may be arbitrarily arrested or detained. Article 71.Every individual shall have the right to have his cause heard. This comprises: (a) the right to an appeal to competent national organs against acts of violating his fundamental rights as recognized and guaranteed by conventions, laws, regulations and customs in force; (b) the right to be presumed innocent until proved guilty by a competent court or tribunal; (c) the right to defense, including the right to be defended by counsel of his choice; (d) the right to be tried within a reasonable time by an impartial court or tribunal. 2.No one may be condemned for an act or omission which did not constitute a legally punishable offence at the time it was committed. No penalty may be inflicted for an offence for which no provision was made at the time it was committed. Punishment is personal and can be imposed only on the offender.

Treaty

Banjul charter

Article 121. Every individual shall have the right to freedom of movement and residence within the borders of a State provided he abides by the law. 2. Every individual shall have the right to leave any country including his own, and to return to his country. This right may only be subject to restrictions, provided for by law for the protection of national security, law and order, public health or morality. 3. Every individual shall have the right, when persecuted, to seek and obtain asylum in other countries in accordance with laws of those countries and international conventions. 4. A non-national legally admitted in a territory of a State Party to the present Charter, may only be expelled from it by virtue of a decision taken in accordance with the law. 55. The mass expulsion of non-nationals shall be prohibited. Mass expulsion shall be that which is aimed at national, racial, ethnic or religious groups. Article 131.Every citizen shall have the right to participate freely in the government of his country, either directly or through freely chosen representatives in accordance with the provisions of the law. 2.Every citizen shall have the right of equal access to the public service of his country. 3. Every individual shall have the right of access to public property and services in strict equality of all persons before the law. Article 14The right to property shall be guaranteed. It may only be encroached upon in the interest of public need or in the general interest of th

Treaty

Banjul charter

The functions of the Commission shall be: 1.To promote Human and Peoples' Rights and in particular: (a)To collect documents, undertake studies and researches on African problems in the field of human and peoples' rights, organize seminars, symposia and conferences, disseminate information, encourage national and local institutions concerned with human and peoples' rights, and should the case arise, give its views or make recommendations to Governments. (b)To formulate and lay down, principles and rules aimed at solving legal problems relating to human and peoples' rights and fundamental freedoms upon which African Governments may base their legislations. (c)Co-operate with other African and international institutions concerned with the promotion and protection of human and peoples' rights.

Treaty

Banjul charter

To preserve and strengthen positive African cultural values in his relations with other members of the society, in the spirit of tolerance, dialogue and consultation and, in general, to contribute to the promotion of the moral well being of society;

Treaty

Banjul charter

Article 271. Every individual shall have duties towards his family and society, the State and other legally recognized communities and the international community. 2. The rights and freedoms of each individual shall be exercised with due regard to the rights of others, collective security, morality and common interest.

Treaty

Banjul charter

Article 60The Commission shall draw inspiration from international law on human and peoples' rights, particularly from the provisions of various African instruments on human and peoples' rights, the Charter of the United Nations, the Charter of the Organization of African Unity, the Universal Declaration of Human Rights, other instruments adopted by the United Nations and by African countries in the field of human and peoples' rights as well as from the provisions of various instruments adopted within the Specialized Agencies of the United Nations of which the parties to the present Charter are members. Article 61The Commission shall also take into consideration, as subsidiary measures to determine the principles of law, other general or special international conventions, laying down rules expressly recognized by member states of the Organization of African Unity, African practices consistent with international norms on human and people's rights, customs generally accepted as law, general principles of law recognized by African states as well as legal precedents and doctrine

Treaty

Banjul charter

2. The State shall have the duty to assist the family which is the custodian or morals and traditional values recognized by the community. 3. The State shall ensure the elimination of every discrimination against women and also ensure the protection of the rights of the woman and the child as stipulated in international declarations and conventions. 4. The aged and the disabled shall also have the right to special measures of protection in keeping with their physical or moral needs. Article 19All peoples shall be equal; they shall enjoy the same respect and shall have the same rights. Nothing shall justify the domination of a people by another. Article 201. All peoples shall have the right to existence. They shall have the unquestionable and inalienable right to self- determination. They shall freely determine their political status and shall pursue their economic and social development according to the policy they have freely chosen.2. Colonized or oppressed peoples shall have the right to free themselves from the bonds of domination by resorting to any means recognized by the international community. 3. All peoples shall have the right to the assistance of the States parties to the present Charter in their liberation struggle against foreign domination, be it political, economic or cultural. Article 211. All peoples shall freely dispose of their wealth and natural resources. This right shall be exercised in the exclusive interest of the people. In no case shall a people be deprived of it. 72. In case of spoliation the dispossessed people shall have the right to the lawful recovery of its property as well as to an adequate compensation. 3. The free disposal of wealth and natural resources shall be exercised without prejudice to the obligation of promoting international economic cooperation based on mutual respect, equitable exchange and the principles of international law.4. States parties to the present Charter shall individually and collectively exercise the right to free disposal of their wealth and natural resources with a view to strengthening African unity and solidarity. 5. States parties to the present Charter shall undertake to eliminate all forms of foreign economic exploitation particularly that practiced by international monopolies so as to enable their peoples to fully benefit from the advantages derived from their national resources. Article 221. All peoples shall have the right to their economic, social and cultural development with due regard to their freedom and identity and in the equal enjoyment of the common heritage of mankind. 2. States shall have the duty, individually or collectively, to ensure the exercise of the right to development.

Treaty

Banjul charter

Article 24All peoples shall have the right to a general satisfactory environment favorable to their development. 8Article 25States parties to the present Charter shall have the duty to promote and ensure through teaching, education and publication, the respect of the rights and freedoms contained in the present Charter and to see to it that these freedoms and rights as well as corresponding obligations and duties are understood.

Treaty

Banjul charter

2. Every individual may freely, take part in the cultural life of his community.

Treaty

Banjul charter

Article 24All peoples shall have the right to a general satisfactory environment favorable to their development.

Treaty

Supplementary protocol

4. The Court has jurisdiction to determine case of violation of human rights that occur in any Member State.

Treaty

Banjul charter

Article 14The right to property shall be guaranteed. It may only be encroached upon in the interest of public need or in the general interest of the community and in accordance with the provisions of appropriate laws.

Treaty

Supplementary protocol

4. The Court has jurisdiction to determine case of violation of human rights that occur in any Member State.

Treaty

Banjul charter

Treaty

ECW CCJ JUG 03 11 BAKARY SARRE et 28 autres v REPUBLIQUE DU MALI

ECOWAS Court

JUD ECW CCJ JUD 13 19 KARIM MEISSA WADE v SENEGAL

ECOWAS Court

ECW CCJ JUG 03 11 BAKARY SARRE et 28 autres v REPUBLIQUE DU MALI

ECOWAS Court

Banjul charter

Treaty

Banjul charter

2. Every individual may freely, take part in the cultural life of his community.

Treaty

Banjul charter

Treaty

Banjul charter

2. The State shall have the duty to assist the family which is the custodian or morals and traditional values recognized by the community.

Treaty

Banjul charter

Article 19All peoples shall be equal; they shall enjoy the same respect and shall have the same rights. Nothing shall justify the domination of a people by another. Article 201. All peoples shall have the right to existence. They shall have the unquestionable and inalienable right to self- determination. They shall freely determine their political status and shall pursue their economic and social development according to the policy they have freely chosen.2. Colonized or oppressed peoples shall have the right to free themselves from the bonds of domination by resorting to any means recognized by the international community. 3. All peoples shall have the right to the assistance of the States parties to the present Charter in their liberation struggle against foreign domination, be it political, economic or cultural. Article 211. All peoples shall freely dispose of their wealth and natural resources. This right shall be exercised in the exclusive interest of the people. In no case shall a people be deprived of it. 72. In case of spoliation the dispossessed people shall have the right to the lawful recovery of its property as well as to an adequate compensation. 3. The free disposal of wealth and natural resources shall be exercised without prejudice to the obligation of promoting international economic cooperation based on mutual respect, equitable exchange and the principles of international law.4. States parties to the present Charter shall individually and collectively exercise the right to free disposal of their wealth and natural resources with a view to strengthening African unity and solidarity. 5. States parties to the present Charter shall undertake to eliminate all forms of foreign economic exploitation particularly that practiced by international monopolies so as to enable their peoples to fully benefit from the advantages derived from their national resources. Article 221. All peoples shall have the right to their economic, social and cultural development with due regard to their freedom and identity and in the equal enjoyment of the common heritage of mankind. 2. States shall have the duty, individually or collectively, to ensure the exercise of the right to development.

Treaty

Banjul charter

Treaty

Banjul charter

Treaty

Banjul charter

Treaty

Banjul charter

Article 45The functions of the Commission shall be: 1.To promote Human and Peoples' Rights and in particular: (a)To collect documents, undertake studies and researches on African problems in the field of human and peoples' rights, organize seminars, symposia and conferences, disseminate information, encourage national and local institutions concerned with human and peoples' rights, and should the case arise, give its views or make recommendations to Governments. (b)To formulate and lay down, principles and rules aimed at solving legal problems relating to human and peoples' rights and fundamental freedoms upon which African Governments may base their legislations. (c)Co-operate with other African and international institutions concerned with the promotion and protection of human and peoples' rights.

Treaty

Banjul charter

Treaty

Supplementary protocol

4. The Court has jurisdiction to determine case of violation of human rights that occur in any Member State.

Treaty

Banjul charter

Treaty

Banjul charter

Treaty

Banjul charter

Treaty

Banjul charter

2. Ensure the protection of human and peoples' rights under conditions laid down by the present Charter. 3. Interpret all the provisions of the present Charter at the request of a State party, an institution of the OAU or an African Organization recognized by the OAU. 4. Perform any other tasks which may be entrusted to it by the Assembly of Heads of State and Government. Chapter III -- Procedure of the Commission

Treaty

Banjul charter

Treaty

Banjul charter

Treaty

Banjul charter

Treaty

Banjul charter

2. Every individual may freely, take part in the cultural life of his community.

Treaty

Banjul charter

Article 24All peoples shall have the right to a general satisfactory environment favorable to their development.

Treaty

Banjul charter

Treaty

Banjul charter

Treaty

Banjul charter

Treaty

Banjul charter

Treaty

ECW CCJ JUD 30 18

ECOWAS Court

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ECOWAS Court

9. ECW CCJ JUD 01 10 Daouda Garba v. Benin

ECOWAS Court

Ecowas alade judgment 20120611

ECOWAS Court

FEMI FALANA & ANOR v REPUBLIC OF BENIN & 2 ORS

ECOWAS Court

9. ECW CCJ JUD 01 10 Daouda Garba v. Benin

ECOWAS Court

لا تسمية3
- ECOWAS Court3
Treaties and softlaw only41
- Treaty40
- ECOWAS Court1
International cases/decisions8
- ECOWAS Court8
Geolocation1
- Countries geolocation1

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اختر نوع العلاقة

Treaties and softlaw only
International cases/decisions
Municipal law
Municipal court decision
Country
Rights Not Violated
Keywords
Outcome
Rights Alleged to be Violated
Rights Violated
Type of Document
Right Not Violated
SADC Treaty Rights Violated
SADC Treaty Rights Not Violated
ACHPR Rights Violated
ACHPR Rights Not Violated
ACHPR Provisions
Cases Referenced
Location

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