jurisdiction to entertain an action, reliance has to be placed on the facts as presented
by the Plaintiff, the Protocols of the Court, as well as the jurisprudence of the Court.
The Defendant contends that the subject matter of this suit which is the withholding
of the Plaintiffs certificates by its agents is not a human right action to fall within the
ambit of this Court’ s jurisdiction.
Article 9(4) of the Supplementary Protocol (A/SP./01/05) of the Court provides:
“The Court has the jurisdiction to determine cases of violation of Human Rights that
occur in Member States”.
Article 10 (c) and (d) of the same protocol grants access to individuals for actions
which violates their human rights.
In HISSEIN HABRE V. REPUBLIC OF SENEGAL (2010) CCJELR, the court
held that in determining whether it has jurisdiction, it shall examine:
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.
The facts before this court and the articles relied upon lean towards rights that have
been enshrined for the benefit of the human person which also attracts international
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