FACTS AND PROCEDURE
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1. By Application received at the Registry of the Court on 5 April 2017,
Hama Amadou filed a case before the Community Court of Justice,
ECOWAS asking the Court to:
Declare that the Republic of Niger violated Article 9 of the International
Covenant on Civil and Political Rights (ICCPR) and Article 6 of the African
Charter on Human and Peoples’ Rights (ACHPR) regarding right to
security;
Declare that the Republic of Niger violated Article 26 of ICCPR and Article
3 of ACHPR regarding equality before the law;
Declare that the Republic of Niger violated Article 15(1) of ICCPR and
Article 7(2) of ACHPR regarding the law of nulla poena sine lege;
Declare that the Republic of Niger violated Article 14 of ICCPR and Article
7 of ACHPR regarding the right to fair hearing;
Declare that the Republic of Niger violated Article 13 of ACHPR regarding
the right to participate freely in the government of his country;
Declare that the Republic of Niger violated Articles 17 and 23(1) of ICCPR
and Article 18 of ACHPR regarding the right to family life;
Find that the charges laid were made without legal basis and in violation
of the principles of fair trial;
Order the Republic of Niger to refrain from implementing the decision
made, and to derive all the legal consequences thereof, capable of
depriving the Applicant of his rights, either as a litigant or as a citizen, as
stipulated in texts subscribed to by the Republic of Niger on human rights;
the Court is further requested to restore the Applicant back to his original
situation in which he would have found himself, had the said violations
not occurred;
Ask the Republic of Niger to pay to Amadou Hama the sum of CFA F
3,280,000,000 (Three Billion Two Hundred and Eighty Million CFA Francs)
as costs incurred in connection with the instant action.
2. In support of his Application, by way of written pleadings submitted by
his Counsel Maîtres Francois Serres and Maître Mike Bul, Hama
Amadou averred that on 25 June 2014, a report by a Police
Commissioner was brought to the attention of the Public Prosecutor,
highlighting suspicions of the involvement of Madam Adizatou Hama,
Translator : E. Nkansah 3