37. The Plaintiffs in their originating application dated 31st March, 2015 applied for
the enforcement of their Fundamental Human Rights to freedom of Speech and
free Press allegedly violated by the Defendant.
38. Plaintiffs argue that the substantive suit is for the enforcement of their
Fundamental Human Rights. This Court they contend is imbued with requisite
jurisdiction to adjudicate on complaints of fundamental Human Rights violation
that occur in any member state by virtue of Article 9 (4) and 10 (d) of the 2005
Protocol on the Court.
39. The Plaintiffs contend that the issuance of the letter headed “Additional
Regulation for live political Broadcasts” by the Defendant dated May 30, 2014,
which requires the Plaintiffs to notify the National Broadcasting commission in
writing at least 48 hours before transmitting a political programme live and the
closure of their media programs violates their right to freedom of expression.
40. The Plaintiffs relied on Article 19 of the ACHPR to support their claim. Article 19
of the ACHPR states that:
“All peoples shall be equal; they shall enjoy the same respect and shall have
the same rights. Nothing shall justify the domination of a people by
another.”
The Court however observes that the Right to freedom of speech is provided for in
Article 9 of the African Charter of Human and People’s Rights whilst the Application
of the Plaintiffs is premised on the violation of a right guaranteed under Article 19.
41. The Plaintiffs also relied on Articles 19 of the Universal Declaration of Human
Rights & International Covenant on Civil and Political Rights and ECOWAS Protocol
on Democracy and Good Governance which deal with freedom of speech.
42. In determining the jurisdiction of the Court, it must be guided by the provisions
of the enabling Act. Article 9 (4) of the 2005 Protocol on the court as Amended
states that:
“The Court has jurisdiction to determine cases of violations of Human Rights
that occur in any Member State.”
43. Article 10 (d) of the 2005 Protocol on the Court as amended states:
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