8.0.
7.1.
This Court, by virtue of its mandate “to determine cases of violation
of human rights that occur in any Member State” as provided for by
Article 9 (4) of the Supplementary Protocol (A/SP.1/01/05)
Amending the Protocol (A/P1/7/91) Relating to the Community
Court of Justice, has the competence to grant reliefs to remedied
breach and violation of a Member State of international human rights
obligation. By virtue of its membership of the Economic
Community of West African States, and in view of the fact that it
ratify the African Charter, the defendant herein can be held
accountable for breach of any provision of said African Charter if
so found by this Court.
7.2.
It being the finding of this Court that the defendant is in breach of
Article 7 (1) (a) and (d), this Court is competent to grant the reliefs
appropriate to address the same.
DECISION
In view of the foregoing, this Court hereby adjudge that:
1. The Initiating Application stated a cause of action.
2. This Court has the competence to hear this matter.
3. That having find the defendant in breach of Article 7(1)(a) and (d) of the
African Charter, the defendant continuous holding and detention of the applicants
is illegal and therefore the defendant is hereby order to immediately release or
order release the applicants from all further detention and restriction
4. That due to lack of substantiating evidence, this Court did not find the
defendant in breach of Article 6 of the African Charter.
9.0. COSTS
This Court hereby adjudges that the defendant bear the cost of these proceedings
as provided for by Article 24 of the Protocol (A/P1/7/91) on the Community
Court of Justice.
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