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ECW/CCJ/JUG/09/12 Valentine Ayika v. Liberia

ECOWAS Court

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REPRESENTATION2
CONSIDERATION BY THE COURT5

ECW/CCJ/JUG/09/12 Valentine Ayika v. Liberia

ECOWAS Court

Preview

ECCJ App no.: ECW/CCJ/APP/07/11

ECCJ Jud No.: ECW/CCJ/JUG/09/12

Type of Document

Judgement

Keywords

Fraud
Freedom of Movement
Investigation
Money Laundering
Right to Property
Trafficking / Use of contraband

Country

Liberia

Year Decided: Jun 8, 2012

African Charter Rights Alleged to be Violated

ACHPR 12: Right to Freedom of Movement
ACHPR 14: Right to Property
ACHPR 7.1.b : Innocent Until Proven Guilty
ACHPR 7.1.c: Right to Defence

African Charter Rights Violated

ACHPR 14: Right to Property

Duration of Procedure: ~ Jun 8, 2012

Country Geolocation

Latitude: 6.428055

Longitude: -9.429499000000002

Country Geolocation (linked ECOWAS Court): Liberia

Primary Documents

JUD-ECW-CCJ-JUG-09-12-Valentine Ayika v. Republic of Liberia-08_06_12-vA.pdf
English
ML TOC
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African Charter on Human and Peoples' Rights (Banjul Charter)

Article 121. Every individual shall have the right to freedom of movement and residence within the borders of a State provided he abides by the law. 2. Every individual shall have the right to leave any country including his own, and to return to his country. This right may only be subject to restrictions, provided for by law for the protection of national security, law and order, public health or morality. 3. Every individual shall have the right, when persecuted, to seek and obtain asylum in other countries in accordance with laws of those countries and international conventions. 4. A non-national legally admitted in a territory of a State Party to the present Charter, may only be expelled from it by virtue of a decision taken in accordance with the law. 55. The mass expulsion of non-nationals shall be prohibited. Mass expulsion shall be that which is aimed at national, racial, ethnic or religious groups.

Treaty

Supplementary Protocol A/SP.1/01/05 Amending the Preamble and Articles 1, 2, 9 and 30 of Protocol A/P.1/7/91 Relating to the Community Court of Justice and Article 4 Paragraph 1 of the English Version of the Said Protocol (ECOWAS Court Supplementary Protocol 2005)

c) Individuals and corporate bodies in proceedings from the determination of an act or inaction of a Community official which violates the rights of the individuals or corporate bodies; d) Individuals on application for relief for violation 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 International Court for adjudication;

Treaty

Supplementary Protocol A/SP.1/01/05 Amending the Preamble and Articles 1, 2, 9 and 30 of Protocol A/P.1/7/91 Relating to the Community Court of Justice and Article 4 Paragraph 1 of the English Version of the Said Protocol (ECOWAS Court Supplementary Protocol 2005)

Article 12:Depository Authority This Supplementary Protocol and all instruments of ratification shall deposited with the Executive Secretariat which shall transmit certified true copies to all Member States and notify them of the dates of deposit of the instruments of ratification and shall register this Protocol with the African Union, the United Nations Organization and such other organizations as the Council may determine.

Treaty

Rules of the Court of Justice of the Economic Community of West African States

Article 331. An application of the kind referred to in Article 11 of the Protocol shall state: (a) the name and address of the applicant; (b) the designation of the party against whom the application is made; (c) the subject- matter of the proceedings and a summary of the pleas in law on which the application is based; (d) the form of order sought by the applicant; (e) where appropriate, the nature of any evidence offered in support. 2. For the purpose of the proceedings, the application shall state an address for service in the place where the Court has its seat and the name of the person who is authorized and has expressed willingness to accept service. 3. In addition to, or instead of, specifying an address for service as referred to in the first subparagraph; the application may state that the lawyer or agent agrees that service is to be effected on him by telefax or other technical means of communication. 4. If the application does not comply with the requirements referred to in the first and second subparagraphs, all service on the party concerned for the purpose of the proceedings shall be effected, for so long as the defect has not been cured, by registered letter addressed to the agent or lawyer of that party. By way of derogation from Article 77(1), service shall then be deemed to be duly effected by the lodging of the registered letter at the post office of the place where the Court has its seat. 5. The application shall be accompanied, where appropriate, by the documents Specified in the first paragraph of Article 15 of the protocol. 6. If the application does not comply with the requirements set out in paragraphs 1 to 4 of this Article, the Chief Registrar shall prescribe a period not more than thirty days within which the applicant is to comply with them whether by putting the application itself in order or by producing any of the above-mentioned documents. 7. If the applicant fails to put the application in order or to produce the required documents within the time prescribed, the Court shall, after hearing the party, decide whether the non-compliance with these conditions renders the application formally inadmissible.

Treaty

ECOWAS Revised treaty

ARTICLE15THECOURTOFJUSTICEESTABLISHMENTANDFUNCTIONS1.There is hereby established a Court of Justice of the Community.2.The status, composition, powers, procedure and other issues concerning the Courtof Justice shall be as set out in a Protocol relating thereto.3.The Court of Justice shall carry out the functions assigned to it independently ofthe Member States and the institutions of the Community.4.Judgements of the Court of Justice shall be binding on theMemberStates, theInstitutions of the Community and on individuals and corporate bodies

Treaty

African Charter on Human and Peoples' Rights (Banjul Charter)

(b) the right to be presumed innocent until proved guilty by a competent court or tribunal

Treaty

ECOWAS Revised treaty

MemberStatesshallgivepriorityto theroleof theprivatesectorandjointregionalmultinational enterprises in the regional economic integration process.

Treaty

African Charter on Human and Peoples' Rights (Banjul Charter)

Article 14The right to property shall be guaranteed. It may only be encroached upon in the interest of public need or in the general interest of the community and in accordance with the provisions of appropriate laws.

Treaty

African Charter on Human and Peoples' Rights (Banjul Charter)

Treaty

ECW/CCJ/JUD/04/18 FAJ & Ors v. The Gambia

Valentine Ayika Vs.Republic of Liberia 2011 CCJELR pg. 236 para 10

ECOWAS Court

ECW/CCJ/JUD/03/17 Nosa Ehanire Osaghae & 3 Others (on behalf of Niger Delta people) v Nigeria

Valentine Ayika V. Republic Of Liberia(2011) CCJELR, pg.237, para 13

ECOWAS Court

African Charter on Human and Peoples' Rights (Banjul Charter)

Treaty

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- ECOWAS Court7
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- Countries (Geolocation) 1

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