court. The Applicant did not also indicate that the Nigerian authorities
refused to implement the decisions made by the judge at the High Court.
Equally, he brought forth no new complaint or new application that may be
entertained by the Honorable Court. The Court cannot retry a case on which
a judgment of the domestic court of a Member State has already been
delivered and against which no contestation has been raised. Consequently,
the Court declares that the Application brought by Mr. Aliyu Tasheku is
inadmissible.
DECISION
For These Reasons,
20. The Court,
Adjudicating publicly, after hearing both Parties, and after deliberating
towards this ruling,
- Adjudges that the Court has jurisdiction to adjudicate on the case;
- Adjudges that in the instant case, the Application brought by Mr. Aliyu
Tasheku is essentially the same as the one already decided upon by the
Nigerian court;
- Adjudges, consequently, that the Application is inadmissible.
COSTS
21. In compliance with Article 66, paragraph 11 of the Rules of the Court, each
Party shall bear its costs.
Thus made, declared and pronounced in English, the language of
proceedings, at a public hearing at Abuja, by the Court of Justice of the
Economic Community of West African States, on the day, month and year
stated above.
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