Whether it arises from international or community obligations of the state
complained of, as human rights to be promoted, observed, protected, and
enjoyed;
Whether it is the violation of that right which is being alleged.
In BAKARE SARRE V MALI (2011) CCJELR pg 57 this court stressed that once
the human rights allegedly violated involves international or community
obligation of a member state, it will exercise its jurisdiction over the case.
Also in SERAP V. FRN & 4 ORS, (2014) UNREPORTED, this court held that
the mere allegation that there has been a violation of human rights in the territory
of a member state is sufficient prima facie to justify the jurisdiction of this court
on the dispute, surely without any prejudice to the substance and merits of the
complaint which has to be determined only after the parties have been given the
opportunity to present their case, with full guarantees of fair trial.
See also SIKIRU ALADE V THE FEDERAL REPUBLIC OF NIGERIA (2012)
unreported, where this Court held that an infringement on a persons’ liberty as
alleged by the Plaintiff/Applicant would fall neatly under Article 9(4) of the
Protocol of the Court.
Applying the above decisions of this court to facts of the Plaintiffs’ application
as presented, it is evident that this matter falls within the ambit of this court’s
jurisdiction. The Defendant’s objection to the Court’s subject matter competence
therefore fails.
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