“Individuals on application for relief for violations of their Human Rights; the
submission of application for which shall:
(I) not be anonymous; nor
(ii) be made whilst the same matter has been instituted before another 3
44. The Court will now determine if the above stated condition precedent on
admissibility has been met.
45. It is the contention of the Plaintiffs that the requirement to notify the National
Broadcasting Commission in writing 48 hours before Political Live broadcast and
the closure of the transmission of their media programs is a violation of their rights
to freedom of speech.
46. Mere allegation of Human Rights violation as opposed to the veracity of the
claim has been held by this Court in decided cases, to be sufficient enough to trigger
its jurisdiction to adjudicate on allege violation of Human Rights provided for in the
African Charter on Human Rights.
47. In the case of His Excellency Vice-President Alhaji Samuel Sam-Sumana v.
Republic of Sierra Leone.-SUIT NO: ECW/CCJ/APP/38/16 and JUD NO:
ECW/CCJ/JUD/19/17 (At page 14 of the judgment); the court held that:
“Indeed Allegations of violations of Human Rights by an Applicant is
sufficient to invoke the jurisdiction of this Court. This is distinct from the
issues of the veracity of the allegation.”
48. In Hissein Habre v. Republic of Senegal; ECW/CCJ/APP/07/08 &
ECW/CCJ/03/10, this Court held that in determining whether it has jurisdiction, it
shall consider:
• If the issues submitted before it deals with a right which has been
enshrined for the benefit of the human person;
• 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.
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