See also Private Alimu Akeem v. Federal Republic of Nigeria ECW/CCJ/
RUL/05/11, pg. 119 affirming the same condition precedent.
49. In El Haji Mame Abdou Gaye v. Republic of Senegal ECW/CCJ/JUD/01/12 at
Para 28 and 46, this Court held that:
“The only limit to this jurisdiction is as prescribed in Article 10 (d) (ii) of the
supplementary Protocol on the Court, which bars it from entertaining a case
which is already taken by another competent international Court”.
50. This Court is hereby satisfied that the Subject matter of the case being on
Human Rights violation, is sufficient to activate its Jurisdiction to adjudicate on this
matter and the Court so hold.
2. Whether there is any violation of the Human Rights of the Plaintiffs to Freedom
of Speech/Expression.
51. The Plaintiffs allege that they received a letter from the Defendant directing
that all political live programs must be submitted 48 hours before broadcast to
avoid divisive, inciting and hateful speech and contend that, this is a violation of
freedom of speech.
52. Plaintiffs state that they requested by a letter to the Defendant to produce the
proof of allegation of the contents that constitutes inciting and divisive statement,
to which the Defendant never gave any response, rather followed up with a
decision to close down Plaintiffs’ Media programs in violation of their Human Rights
to freedom of speech.
53. In determining whether there is a violation of the rights of the Plaintiffs to
freedom of expression, the Court needs to examine the Human Rights instrument
which provides for the right to freedom of expression.
54. Freedom of expression is protected under Article 9 of the African Charter on
Human and Peoples’ Rights which states as follows:
1. Every individual shall have the right to receive information.
2. Every individual shall have the right to express and disseminate his
opinions within the law.
55. International Human Rights Law also confers on individual the right to freedom
of expression which is guaranteed under Article 19 of the Universal Declaration of
9