whether those local courts of Niger adhered or not to their
jurisprudence or generally, to the national law of Niger. ” (§51).
43.Such abundant and relevant jurisprudence urges the Court to decline
jurisdiction on that aspect of the Application which concerns the
domestic law.
44.Whatever the case may be, it is undoubted that in the Application
brought before the Court on 5 April 2017 by Hama Amadou against the
Republic of Niger, he equally alleges violation of human rights, notably
violation of the right to security, violation of the right to equality
before the law, violation of the principle of nulla poena sine lege,
violation of the right to fair trial and violation of the right to family life.
45.In accordance with Article 9(4) of the January 2005 Protocol, in the
terms of which “The Court has jurisdiction to determine cases of
violation of human rights that occur in any Member State”, and in line
with Article 10(d) of the same Protocol which provides that “Access to
the Court is open to ... individuals on application for relief for
violation of their human rights ...”, the Honourable Court is
competent to hear the instant case.
B. REGARDING ADMISSIBILITY OF THE APPLICATION AND THE
FORCE OF RES JUDICATA
46. In the terms of Article 10(d) of Supplementary Protocol A/SP.1/01/05
of 19 January 2005: “Access to the Court is open to ... individuals on
application for relief for violation of their human rights ...”.
47.The application thus submitted shall not be anonymous nor be made
whilst the same matter has been instituted before another
International Cour for adjudication.
48.In the present case, the Court notes that an application for human
rights violation has been submitted before it by Hama Amadou,
claiming to a victim of those human rights violations as enumerated in
the Initiating Application.
Translator : E. Nkansah 12