SOLOMON MFA & 11 ORS V FEDERAL REPUBLIC OF NIGERIA
ECW/CCJ/JUD/06/19.
167. In view of the above reasoning, the Court is equally persuaded that in the
instant case, it cannot do justice in awarding damages to an indeterminable
number or unidentified victims and therefore declines to award the sum of
sum of five hundred million (500,000,000) CFA Francs as compensation
claimed by the Applicants on behalf of the Senegalese people.
168. The Court is, however, mindful that its function in terms of protection
does not stop at taking note of human rights violation. If it were to end in
merely taking note of human rights violations, the exercise of such a
function would be of no practical interest for the victims, who, in the final
analysis, are to be protected and provided with relief. The obligation of
granting relief for the violation of human rights is a universally accepted
principle. The Court acts indeed within the limits of its prerogatives when
it indicates for every case brought before it, the reparation it deems
appropriate.
169. In the instant case, in making orders for reparation, the Court in ensuring
that measures are taken to guide the Respondent – the Republic of Senegal
to achieve the objectives of Article 9 of the Charter as it concerns the
Senegalese People, namely guarantee of freedom of expression, the Court
therefore orders the Respondent to repeal the contested Order
No.007580/MINT/SP dated 20 July 2011 to maintain the enjoyment of
the said right.
51
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