50.In the instant case, the Applicants have specifically alleged that their rights
as provided for by Articles 2, 5 and 7 of the African Charter were violated
by the Respondent. On the other hand, the Respondent argues that the
Applicants’ claims do not fall within the jurisdiction of the Court as
provided by Article 9 of the Protocol (as amended by the Supplementary
Protocol).
51.The Court will proceed to determine whether the allegations in the
Application merits the exercise of jurisdiction of the Court. The Court notes
that the Respondent relied solely on Article 9(1) of the Protocol which
enumerated the jurisdiction of the Court to adjudicate on disputes relating
to the interpretation, application and legality of the ECOWAS Treaty,
Conventions, Protocols, directives, decisions and other subsidiary
legislation of the Community.
52.It equally notes that the subject matter of the Application is premised on
allegation of the violation of Articles of the African Charter including
Article 7 on right to fair hearing. The failure of the Applicant to cite the
appropriate Article of the Protocol that confers jurisdiction on the Court to
hear cases of human right violation which is (Article 9(4)) does not negate
the validity of the Application. Indeed, mere allegation of human rights
violation suffices to invoke the jurisdiction of the Court. HON. JUSTICE S.
E.
ALADETOYINBO
V.
THE
FEDERAL
REPUBLIC
OF
NIGERIA
ECW/CCJ/JUD/18/20 PAGE 8.
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