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37 - THE FOLLOWING JUDGES HAVE SIGNED THIS JUDGMENT Hon. Justice Friday Chijioke NWOKE – Hon. Justice Micah Wilkins WRIGHT – Hon. Justice Alioune SALL - Presiding Member Member Assisted by Maitre Athanase ATANNON, Esq.– Registrar

اختر الفقرة المستهدفة3

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أوازي من إعداد:
African Human Rights CLA 2.0
مكتبة
تسجيل الدخول

معلومات
61العلاقات

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جدول المحتويات

Subject Matter of the Proceedings3
Summary of Pleas in Laws on Which Application is Based4
Facts and Procedure5
Narration of Facts by the Plaintiffs5
Form of Order (Reliefs) Sought by Applicant9
Procedure14
Objections by the 4th Defendant11
Preliminary Pbjections of the 6th Defendant to the Plaintiff’s Originating Application11
Orders Sought 12
Summary of Plea in Law 13
Preliminary Objections of the 4th Defendant13
Pleas of Fact and law Relied Upon13
Order Sought by the 4th Defendant/Applicant14
Preliminary Objections of the 1st and 2nd Defendants14
Order Sought 15
Plaintiffs Reply to the 4th Defendant’s Defense and 6th Defendant’s Objection15
Plaintiffs’ Reply to the 4th and 5th Defendants Preliminary Applications 18
The Grounds of Objection19
On the Court’s Jurisdiction20
Plaintiffs’ Response to the 1st and 2nd Defendants Preliminary Applications 21
Plaintiffs’ Case as Stated21
Plaintiffs’ Legal Argument 22
The Court’s Power Of Inquiry 23
Issues Presented for Determination 23
Discussions24
Jurisdiction Over The Defendants 25
Competence of Plaintiffs to Bring Suit 29
4th Defendant/Applicant’s Written Brief in Support of the Preliminary Objection31
1st and 2nd Defendant's Written Address in Support of Notice Preliminary Objection32
Conclusion23
Decision35
As to Motions for Extension of Time35
As to Eligibility/Competency of Plaintiffs 35
As to Defendants Being Proper Parties Defendant Before the ECOWAS Community Court of Justice 36
As to the Case Being Devoid of Purpose36
As to Costs 36

ECW CCJ JUD 19 15

ECOWAS Court

Preview

Type of Document

Judgement

Keywords

Corruption
Cruel and Degrading Treatment
Democracy
Discrimination
Elections / Referenda
Freedom of Expression
Freedom of Opinion
Participation in Government
Right to Dignity
Right to Equality Before the Law
Torture and Ill Treatment

Country

Nigeria
State Agent

Outcome: Case Dismissed

Year Decided: 14 أكتوبر 2015

African Charter Rights Alleged to be Violated

ACHPR 3: Right to Equality before the Law and Equal Protection of the Law 2

Duration of Procedure: 23 يناير 2015 ~ 14 أكتوبر 2015

Country Geolocation

خط العرض: 9.081999

خط الطول: 8.675277

Country Geolocation (مرتبط ECOWAS Court): Nigeria

المستندات الأولية

ECW_CCJ_JUD_19_15 Hope Democratic Party & Alhaji Haruna Yahaya Shaba v Nigeria & 5 Others.pdf
English
تحميل عرض

Banjul charter

Treaty

Banjul charter

Article 31.Every individual shall be equal before the law. 2.Every individual shall be entitled to equal protection of the law.

Treaty

Banjul charter

Article 19All peoples shall be equal; they shall enjoy the same respect and shall have the same rights. Nothing shall justify the domination of a people by another.

Treaty

Banjul charter

Article 131.Every citizen shall have the right to participate freely in the government of his country, either directly or through freely chosen representatives in accordance with the provisions of the law. 2.Every citizen shall have the right of equal access to the public service of his country. 3. Every individual shall have the right of access to public property and services in strict equality of all persons before the law.

Treaty

Banjul charter

Treaty

Banjul charter

Treaty

Supplementary protocol

Article 3:Article 9 of the Protocol on Community Court of Justice substituted. Article 9 of the Protocol relating to the Community Court of Justice is hereby deleted and substituted by the following new provisions: “Article 9: Jurisdiction of the Court. 1.The Court has competence to adjudicate on any dispute relating to the following: a) The interpretation and application of the Treaty, Conventions and Protocols of the Community; b) The interpretation and application of the regulations, directives, decisions and other subsidiary legal instruments adopted by ECOWAS; c) The legality of regulations, directives, decisions and other legal instruments adopted by ECOWAS d) The failure by Member States to honor their obligations under the Treaty, Conventions and Protocols, regulations, directives, or decisions of ECOWAS; e) The provisions of the Treaty, Conventions and Protocols, regulations, directives or decisions of ECOWAS Member States; f) The Community and its officials; and g) The action for damages against a Community institution or an official of the Community for any action or omission in the exercise of official functions. 2. The Court shall have the power to determine any non-contractual liability of the Community and may order the Community to pay damages or make reparation for official acts or omissions of any Community institution or Community officials in the performance of official duties or functions. 3. Any action by or against a Community Institution or any Member of the Community shall be statute barred after three (3) years from the date when the right of action arose. 4. The Court has jurisdiction to determine case of violation of human rights that occur in any Member State. 5. Pending the establishment of the Arbitration Tribunal provided for under Article 16 of the Treaty, the Court shall have the power to act as arbitrator for the purpose of Article 16 of the Treaty. 6. The Court shall have jurisdiction over any matter provided for in an agreement where the parties provide that the Court shall settle disputes arising from the agreement. 7. The Court shall have the powers conferred upon it by the provisions of this Protocol as well as any other powers that may be conferred by subsequent Protocols and Decisions of the Community. 8. The Authority of Heads of State and Government shall have the power to grant the Court the power to adjudicate on any specific dispute that it may refer to the Court other than those specified in this Article.

Treaty

Banjul charter

Article 50The Commission can only deal with a matter submitted to it after making sure that all local remedies, if they exist, have been exhausted, unless it is obvious to the Commission that the procedure of achieving these remedies would be unduly prolonged.

Treaty

Banjul charter

Article 56Communications relating to human and peoples' rights referred to in 55 received by the Commission, shall be considered if they: 1.Indicate their authors even if the latter request anonymity, 2.Are compatible with the Charter of the Organization of African Unity or with the present Charter, 3.Are not written in disparaging or insulting language directed against the State concerned and its institutions or to the Organization of African Unity, 4.Are not based exclusively on news discriminated through the mass media, 5.Are sent after exhausting local remedies, if any, unless it is obvious that this procedure is unduly prolonged,

Treaty

ECW CCJ JUD 05 07 Etim Moses Essien v. The Gambia

ECOWAS Court

Banjul charter

Article 31.Every individual shall be equal before the law. 2.Every individual shall be entitled to equal protection of the law.

Treaty

Supplementary protocol

4. The Court has jurisdiction to determine case of violation of human rights that occur in any Member State.

Treaty

Rules of procedure

Article 881. Where it is clear that the Court has no jurisdiction to take cognizance of an action or where the action is manifestly inadmissible, the Court may, by reasoned order, after hearing the parties and without taking further steps in the proceedings, give a decision 2. The Court may at any time of its own motion consider whether there exists any absolute bar to proceeding with a case or declare, after hearing the parties, that the action has become devoid of purpose and that there is no need to adjudicate on it; it shall give its decision in accordance with Article 87(4) and (5) of these Rules.

Rules of Procedure

Banjul charter

Treaty

Achpr30 155 96 eng

Document

Trt ecowas

Article 15 The Court of Justice Establishment and Functions There is hereby established a Court of Justice of the Community. The status, composition, powers, procedure and other issues concerning the Court of Justice shall be as set out in a Protocol relating thereto. The Court of Justice shall carry out the functions assigned to it independently of the Member States and the institutions of the Community. Judgements of the Court of Justice shall be binding on the Member States, the Institutions of the Community and on individuals and corporate bodies.

Treaty

Supplementary protocol

Treaty

ECOWAS Revised treaty

Treaty

ProtocolA:SP1:12:01

ECOWAS Court

ECOWAS Revised treaty

Treaty

ProtocolA:SP1:12:01

ECOWAS Court

Banjul charter

Treaty

Banjul charter

3Article 31.Every individual shall be equal before the law. 2.Every individual shall be entitled to equal protection of the law

Treaty

Banjul charter

3Article 31.Every individual shall be equal before the law. 2.Every individual shall be entitled to equal protection of the law

Treaty

Banjul charter

Treaty

Banjul charter

Article 31.Every individual shall be equal before the law. 2.Every individual shall be entitled to equal protection of the law.

Treaty

Banjul charter

Article 31.Every individual shall be equal before the law. 2.Every individual shall be entitled to equal protection of the law.

Treaty

Banjul charter

Treaty

Banjul charter

Treaty

Banjul charter

Treaty

Banjul charter

Treaty

Trt ecowas

Article 4 Fundamental Principles The High Contracting Parties, in pursuit of the objectives stated in Article 3 of this Treaty, solemnly affirm and declare their adherence to the following principles: Page 7 equality and inter-dependence of Member States; (p) solidarity and collective self-reliance; (q) inter-State cooperation, harmonization of policies and integration of programmes; (r) non-aggression between Member States; (s) maintenance of regional peace, stability and security through the promotion and strengthening of good neighbourliness; (t) peaceful settlement of disputes among Member States, active cooperation between neighbouring countries and promotion of a peaceful environment as a prerequisite for economic development; (u) recognition promotion and protection of human and peoples' rights in accordance with the provisions of the African Charter on Human and Peoples' Rights; (v) accountability, economic and social justice and popular participation in development; (w) recognition and observance of the rules and principles of the Community; (x) promotion and consolidation of a democratic system of governance in each Member State as envisaged by the Declaration of Political Principles adopted in Abuja on 6 July 1991; and (y) equitable and just distribution of the costs and benefits of economic cooperation and integration

Treaty

Banjul charter

Treaty

Banjul charter

Article 31.Every individual shall be equal before the law. 2.Every individual shall be entitled to equal protection of the law.

Treaty

Banjul charter

Treaty

Banjul charter

Treaty

Banjul charter

Treaty

ProtocolA:SP1:12:01

ECOWAS Court

ECOWAS Revised treaty

Treaty

RUL ECW CCJ RUL 10 12 Haruna Warkani v. PDT ECOWAS Commission 09 10 12 vA

ECOWAS Court

Supplementary protocol

Article 9 of the Protocol on Community Court of Justice substituted. Article 9 of the Protocol relating to the Community Court of Justice is hereby deleted and substituted by the following new provisions: “Article 9: Jurisdiction of the Court. 1.The Court has competence to adjudicate on any dispute relating to the following: a) The interpretation and application of the Treaty, Conventions and Protocols of the Community; b) The interpretation and application of the regulations, directives, decisions and other subsidiary legal instruments adopted by ECOWAS; c) The legality of regulations, directives, decisions and other legal instruments adopted by ECOWAS d) The failure by Member States to honor their obligations under the Treaty, Conventions and Protocols, regulations, directives, or decisions of ECOWAS; e) The provisions of the Treaty, Conventions and Protocols, regulations, directives or decisions of ECOWAS Member States; f) The Community and its officials; and g) The action for damages against a Community institution or an official of the Community for any action or omission in the exercise of official functions. 2. The Court shall have the power to determine any non-contractual liability of the Community and may order the Community to pay damages or make reparation for official acts or omissions of any Community institution or Community officials in the performance of official duties or functions. 3. Any action by or against a Community Institution or any Member of the Community shall be statute barred after three (3) years from the date when the right of action arose. 4. The Court has jurisdiction to determine case of violation of human rights that occur in any Member State. 5. Pending the establishment of the Arbitration Tribunal provided for under Article 16 of the Treaty, the Court shall have the power to act as arbitrator for the purpose of Article 16 of the Treaty. 6. The Court shall have jurisdiction over any matter provided for in an agreement where the parties provide that the Court shall settle disputes arising from the agreement. 7. The Court shall have the powers conferred upon it by the provisions of this Protocol as well as any other powers that may be conferred by subsequent Protocols and Decisions of the Community. 8. The Authority of Heads of State and Government shall have the power to grant the Court the power to adjudicate on any specific dispute that it may refer to the Court other than those specified in this Article.

Treaty

Banjul charter

Treaty

CENTER FOR DEMOCRACY AND DEVELOPMENT & ANOR v MAMADOU TANDJA & ANOR

ECOWAS Court

EC\V:CCJ:APP:01:04

ECOWAS Court

ECW:CCJ:APP:05:06

ECOWAS Court

CENTER FOR DEMOCRACY AND DEVELOPMENT & ANOR v MAMADOU TANDJA & ANOR

ECOWAS Court

Supplementary protocol

4. The Court has jurisdiction to determine case of violation of human rights that occur in any Member State.

Treaty

Banjul charter

Article 31.Every individual shall be equal before the law. 2.Every individual shall be entitled to equal protection of the law.

Treaty

Rules of procedure

Rules of Procedure

Supplementary protocol

Treaty

Supplementary protocol

1.The Court has competence to adjudicate on any dispute relating to the following: a) The interpretation and application of the Treaty, Conventions and Protocols of the Community; b) The interpretation and application of the regulations, directives, decisions and other subsidiary legal instruments adopted by ECOWAS; c) The legality of regulations, directives, decisions and other legal instruments adopted by ECOWAS d) The failure by Member States to honor their obligations under the Treaty, Conventions and Protocols, regulations, directives, or decisions of ECOWAS; e) The provisions of the Treaty, Conventions and Protocols, regulations, directives or decisions of ECOWAS Member States; f) The Community and its officials; and g) The action for damages against a Community institution or an official of the Community for any action or omission in the exercise of official functions.

Treaty

Supplementary protocol

2. The Court shall have the power to determine any non-contractual liability of the Community and may order the Community to pay damages or make reparation for official acts or omissions of any Community institution or Community officials in the performance of official duties or functions. 3. Any action by or against a Community Institution or any Member of the Community shall be statute barred after three (3) years from the date when the right of action arose. 4. The Court has jurisdiction to determine case of violation of human rights that occur in any Member State. 5. Pending the establishment of the Arbitration Tribunal provided for under Article 16 of the Treaty, the Court shall have the power to act as arbitrator for the purpose of Article 16 of the Treaty. 6. The Court shall have jurisdiction over any matter provided for in an agreement where the parties provide that the Court shall settle disputes arising from the agreement. 7. The Court shall have the powers conferred upon it by the provisions of this Protocol as well as any other powers that may be conferred by subsequent Protocols and Decisions of the Community. 8. The Authority of Heads of State and Government shall have the power to grant the Court the power to adjudicate on any specific dispute that it may refer to the Court other than those specified in this Article.

Treaty

CENTER FOR DEMOCRACY AND DEVELOPMENT & ANOR v MAMADOU TANDJA & ANOR

ECOWAS Court

Rules of procedure

2. The Court may at any time of its own motion consider whether there exists any absolute bar to proceeding with a case or declare, after hearing the parties, that the action has become devoid of purpose and that there is no need to adjudicate on it; it shall give its decision in accordance with Article 87(4) and (5) of these Rules.

Rules of Procedure

CENTER FOR DEMOCRACY AND DEVELOPMENT & ANOR v MAMADOU TANDJA & ANOR

ECOWAS Court

ECOWAS Revised treaty

Treaty

ECOWAS Revised treaty

Treaty

CENTER FOR DEMOCRACY AND DEVELOPMENT & ANOR v MAMADOU TANDJA & ANOR

ECOWAS Court

Treaties and softlaw only48
- Treaty42
- Rules of Procedure3
- ECOWAS Court3
لا تسمية2
- ECOWAS Court2
International cases/decisions10
- ECOWAS Court9
- Document1
Geolocation1
- Countries geolocation1

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اختر نوع العلاقة

Treaties and softlaw only
International cases/decisions
Municipal law
Municipal court decision
Country
Rights Not Violated
Keywords
Outcome
Rights Alleged to be Violated
Rights Violated
Type of Document
Right Not Violated
SADC Treaty Rights Violated
SADC Treaty Rights Not Violated
ACHPR Rights Violated
ACHPR Rights Not Violated
ACHPR Provisions
Cases Referenced
Location

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