voluntary interveners have all been recognised as being
sons and daughter of the late Head of State, and, as such,
they have both quality and interest to act before the
Honourable Court, in seeking reparation for the prejudice
they suffered owing to the assassination of their father.
Hence, the Court grants the interveners leave to join the
main case brought by their mother; consequently, there is
need to declare their Application for intervention as
admissible.
c) On the objection as to admissibility drawn from
the non – exhaustion of local remedy
In its Memorial in defence, the Defendant State raised a
preliminary objection as to admissibility of the case, on
the grounds that Plaintiff/Applicant did not exhaust
local remedy, before bringing her case at the ECOWAS
Court of Justice;
In support of this objection, Defendant argued that
pursuant to the legal applicable before the Court, especially
Article 10 of the Supplementary Protocol of 19 January
2005, the human rights violation cases that can be brought
before the said Court are those for which the victim must
have initially taken before the competent national courts,
and not having satisfaction for her claims;
However, and contrary to the allegations made by the
Defendant State, the provisions of Article 10 of the 2005
Protocol do not impose any obligation whatsoever on the
victim of human rights violation to exhaust local remedy
before bringing his case before the ECOWAS Court of
Justice;
The Court has recalled in many instances that within the
purview of the provisions referred to, admissibility of a
human rights violation case is to meet two cumulative
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