“It is deducible from the above that actions against Member State being statute barred after three
(3) years is absent in the French version”.
More interestingly, the French version is the original text of the Protocol before its
translation into English.
Therefore, it follows that in interpreting this provision, the contents of the French
version is to be preferred. This position is reinforced by international best practices
and the provisions of the fundamental human rights enforcement procedures of most
States, that claim for enforcement of human rights cannot be caught by limitation
statutes.
Thus the Court holds that the previous decisions of this Court relating to limitation
of actions against Member States in human rights cases after three years that the
cause of action arose were decided per incuriam including the recent case of Dorothy
Njemanze & 3 ors Vs. Federal Republic of Nigeria (2017) on this point and are
hereby overruled.
Accordingly, in actions for enforcement of fundamental rights against member
States, the Court holds that the Statute of limitation does not apply.
Furthermore, assuming but not conceeding that Article 9(3) subsists as to deny the
existence of a right of action, there is still another plank for the exclusion of the
application of statute of limitation. The rule is that where an injury is continuing, it
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