WHETHER THE ACTION COMPLAINED OF FALLS WITHIN THE AMBIT
OF THIS COURT’S JURISDICTION.
The Plaintiffs herein have filed this Application against the Defendant on alleged
violation of their rights as enshrined in the African Charter on Human and Peoples
rights.
It is pertinent therefore to ascertain the extent of this court’s competence as it relates
to the substance of the Plaintiff’s Initiating Application.
Article 9(4) of the Supplementary Protocol provides:
“The Court has jurisdiction to determine cases of violation of human rights that
occur in any Member State.”
Article 10 (d):
Access to Court is open to the following:
(d) Individuals on application for relief for violation of their human rights; the
submission of application shall: i) not be anonymous; nor
ii) be instituted whilst the same matter has been instituted before another
International Court for adjudication.”
The crux of the Plaintiffs application is the violation of their rights by the Defendant
wherein the Defendant in amending its Electoral Act made it impracticable for the
Plaintiffs to exercise their rights as enshrined in Article 13 of the African Charter.
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