6. ISSUES FOR DETERMINATION.
From the pleadings and arguments in law, four major issues can be discerned as the
basis of the action and if appropriately addressed, the Court will holistically determine
the merits or otherwise of the case. However, it is necessary to mention that the
existence or otherwise of a cause of action for which the Court can resolve the dispute
between the parties is the claim of the Plaintiff. From the pleadings of the Plaintiff, it
is apparent that the claim is grounded on the status of the Plaintiff first as an ordinary
Citizen of the Defendant and thus of the Economic Community of West African States
(ECOWAS) of which the Defendant is a member and then on his purported position
as “Consul” of Liberia in the United States when the circumstances culminating in
this action arose.
Accordingly, the following issues call for determination;
1-
Whether the Plaintiff as a citizen of the Defendant and mutatis mutandi of
ECOWAS is entitled to diplomatic protection from the Defendant.
2-
Whether the Plaintiff by virtue of his purported appointment as the ConsulGeneral of the Republic of Liberia to the United States of America is immune
from arrest, indictment, prosecution, conviction and sentence to terms of
imprisonment by the host or receiving State, and whether failure to secure the
release of the Plaintiff by the defendant violated any of the rights of the Plaintiff
under the African Charter on Human and peoples’ Rights particularly Articles,
3,4,5,6, and 7.
3-
Whether from the totality of the facts presented by the Plaintiff, there is an
indication of a characteristic violation of the human rights of the Plaintiff as to
give the Court competence to entertain the suit and if the answer is in the
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