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c) A mandatory order of injunction restraining the Federal Republic on of Nigeria from further closure other borders with Benin Republic; d) Costs of N5,000,000.00 (five Million) Naira against the Applicant/Defendant, the Federal Republic of Nigeria. 69. Costs shall be borne by the parties. The Court strikes the proceedings for lack of jurisdiction to hear the parties on the suit. Members of the Court who participated in the judgment. Hon. Justice H. N. Donli - Presiding Hon. Justice Awa Daboya Nana - Member Hon. Justice Aminata Malle - Member Judgment Read in Open Court at Abuja, Nigeria, On 27th April 2004 Hon. Justice Hansine Napwaniyo Donli (President) Tony Anene-Maidoh (Chief Registrar) 8

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Judgment of the Court1
Facts of the Case1
Preliminary Objection and Submission of Counsel2
Findings of the Court5
The Grounds for the Decision6
The Decision of the Court6
Costs7
The Operative Part of the Judgment The Court (First Chambers)7
Declaration and Decree7

ECW/CCJ/JUD/01/04 Afolabi Oladjide v. Nigeria

ECOWAS Court

Preview

ECCJ App no.: ECW/CCJ/APP/01/03

ECCJ Jud No.: ECW/CCJ/JUD/01/04

Type of Document

Judgement

Keywords

Damages and Compensation
Freedom of Movement
Jurisdiction
Procedures of Regional Judicial Mechanisms
Regional Judicial Bodies
Right to Property

Country

Nigeria

Outcome: Struck Out

Year Decided: Apr 27, 2004

Rights Alleged to be Violated (ECOWAS Treaty)

ECOWAS 4g: Recognition, promotion and protection of human and peoples' rights

Duration of Procedure: Nov 27, 2003 ~ Apr 27, 2004

Country Geolocation

Latitude: 9.081999

Longitude: 8.675277

Country Geolocation (linked ECOWAS Court): Nigeria

Primary Documents

ECW_CCJ_JUD_01_04 Afolabi Oladjide v. Nigeria.pdf
English
ML TOC
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21. ECW_CCJ_JUD_01_04 Afolabi Oladjide v. Nigeria - PT.pdf
Portuguese
ML TOC
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Revised Treaty of Economic Community of West African States (1993)

Article 56 Political Affairs 1. In pursuit of the integration objectives of the Community, Member States undertake to cooperate on political matters, and in particular, to take appropriate measures to ensure effective application of the provisions of this Treaty. 2. The signatory States to the Protocol on Non-Aggression the Protocol on Mutual Assistance on Defence, the Community Declaration of Political Principles and the African Charter on Human and Peoples' Rights agree to cooperate for the purpose of realizing, the objectives of these instruments.

Treaty

Protocol A/P.I/7/91 on the Community Court of Justice

Article9: Competence of the Court1. The Court shall ensure the observance of law and of the principles of equity in the interpretation and application of the provisions of the Treaty.2. The Court shall also be competent to deal with disputes referred to it, in accordance with the provisions of Article 56 of the Treaty, by Member States or the Authority, when such disputes arise between the Member States or between one or more Member States and the Institutions of the Community on the· interpretation or application of the provisions of the Treaty.

Treaty

Revised Treaty of Economic Community of West African States (1993)

Article 15 The Court of Justice Establishment and Functions There is hereby established a Court of Justice of the Community. The status, composition, powers, procedure and other issues concerning the Court of Justice shall be as set out in a Protocol relating thereto. The Court of Justice shall carry out the functions assigned to it independently of the Member States and the institutions of the Community. Judgements of the Court of Justice shall be binding on the Member States, the Institutions of the Community and on individuals and corporate bodies.

Treaty

Protocol A/P.I/7/91 on the Community Court of Justice

Treaty

Protocol A/P.I/7/91 on the Community Court of Justice

Treaty

Revised Treaty of Economic Community of West African States (1993)

(iii) the removal, between Member States, of obstacles to the free movement of persons, goods, service and capital, and to the right of residence and establishment.

Treaty

Revised Treaty of Economic Community of West African States (1993)

(u) recognition promotion and protection of human and peoples' rights in accordance with the provisions of the African Charter on Human and Peoples' Rights;

Treaty

African Charter on Human and Peoples' Rights

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.

Treaty

Protocol A/P.I/7/91 on the Community Court of Justice

A Member State may, on behalf of its nationals, institute proceedings against another Member State or Institution of the Community, relating to the interpretation and application of the provisions of the Treaty, after attempts to settle the dispute amicably have failed.

Treaty

Protocol A/P.I/7/91 on the Community Court of Justice

Treaty

Protocol A/P.I/7/91 on the Community Court of Justice

Treaty

Protocol A/P.I/7/91 on the Community Court of Justice

Treaty

Protocol A/P.I/7/91 on the Community Court of Justice

Treaty

Protocol A/P.I/7/91 on the Community Court of Justice

Treaty

Protocol A/P.I/7/91 on the Community Court of Justice

Treaty

Protocol A/P.I/7/91 on the Community Court of Justice

Treaty

Protocol A/P.I/7/91 on the Community Court of Justice

Treaty

Protocol A/P.I/7/91 on the Community Court of Justice

Treaty

Protocol A/P.I/7/91 on the Community Court of Justice

3. A Member State may, on behalf of its nationals, institute proceedings against another Member State or Institution of the Community, relating to the interpretation and application of the provisions of the Treaty, after attempts to settle the dispute amicably have failed.

Treaty

Protocol A/P.I/7/91 on the Community Court of Justice

Treaty

Protocol A/P.I/7/91 on the Community Court of Justice

The Court shall ensure the observance of law and of the principles of equity in the interpretation and application of the provisions of the Treaty.

Treaty

Protocol A/P.I/7/91 on the Community Court of Justice

The Court shall ensure the observance of law and of the principles of equity in the interpretation and application of the provisions of the Treaty.

Treaty

Protocol A/P.I/7/91 on the Community Court of Justice

The Court shall ensure the observance of law and of the principles of equity in the interpretation and application of the provisions of the Treaty.

Treaty

Protocol A/P.I/7/91 on the Community Court of Justice

Treaty

Protocol A/P.I/7/91 on the Community Court of Justice

Treaty

Protocol A/P.I/7/91 on the Community Court of Justice

Treaty

Protocol A/P.I/7/91 on the Community Court of Justice

Treaty

Protocol A/P.I/7/91 on the Community Court of Justice

Treaty

Protocol A/P.I/7/91 on the Community Court of Justice

Treaty

Protocol A/P.I/7/91 on the Community Court of Justice

Treaty

Protocol A/P.I/7/91 on the Community Court of Justice

Treaty

Protocol A/P.I/7/91 on the Community Court of Justice

Treaty

Protocol A/P.I/7/91 on the Community Court of Justice

Treaty

Protocol A/P.I/7/91 on the Community Court of Justice

Treaty

Protocol A/P.I/7/91 on the Community Court of Justice

Treaty

Protocol A/P.I/7/91 on the Community Court of Justice

Treaty

Protocol A/P.I/7/91 on the Community Court of Justice

Treaty

Protocol A/P.I/7/91 on the Community Court of Justice

Treaty

Protocol A/P.I/7/91 on the Community Court of Justice

Treaty

Protocol A/P.I/7/91 on the Community Court of Justice

Treaty

Protocol A/P.I/7/91 on the Community Court of Justice

Article 34: Entry into Force1. This Protocol shall enter into force, provisionally, upon signature by the Head of State and Government of Member States and, definitively, upon ratification by at least seven (7) signatory States in accordance with the constitutional regulations in force in each Member State.2. This Protocol and all instruments of ratification shall be deposited with the Executive Secretariat of the Community which shall transmit certified true copies of the Protocol to all Member States notify them of the date of deposit of the instruments of ratification and register the Protocol with the Organisation of African Unity, the United Nations and any other Organisation which may be determined by Council. 3. This Protocol is annexed to the Treaty and shall form an integral part thereof.

Treaty

ECOWAS Court Rules of Procedure

Article 661. A decision as to costs shall be given in the final judgment or in the order, which closes the proceedings. 2. The unsuccessful party shall be ordered to pay the costs if they have been applied for in the successful party's pleadings. 3. Where there are several unsuccessful parties the Court shall decide how the costs are to be shared. 4. Where each party succeeds on some and fails on other heads, or where the Circumstances are exceptional; the Court may order that the costs be shared or that the parties bear their own costs. 5. The Court may order a party, even if successful, to pay costs which the Court considers that party to have unreasonably or vexatious caused the opposite party to incur. 6. The Member States and institutions which intervene in the proceedings shall bear their own costs. 7. The Court may order an intervener other than those mentioned in the preceding subparagraphs to bear his own costs. 8. A party who discontinues or withdraws from proceedings shall be ordered to pay the costs if they have been applied for in the other party's observations on the discontinuance. 9. However, upon application by the party who discontinues or withdraws from proceedings, the costs shall be borne by the other party if this appears justified by the conduct of that party. 10. Where the parties have come to an agreement on costs, the decision as to costs shall be in accordance with that agreement. 11. If costs are not claimed, the parties shall bear their own costs. 12. Where a case does not proceed to judgment the costs shall be in the discretion of the Court.

Rules of Procedure

Revised Treaty of Economic Community of West African States (1993)

(iii) the removal, between Member States, of obstacles to the free movement of persons, goods, service and capital, and to the right of residence and establishment.

Treaty

Revised Treaty of Economic Community of West African States (1993)

(u) recognition promotion and protection of human and peoples' rights in accordance with the provisions of the African Charter on Human and Peoples' Rights;

Treaty

Revised Treaty of Economic Community of West African States (1993)

Treaty

Protocol to the Treaty Establishing the African Economic Community Relating to Free Movement of Persons, Right of Residence and Right of Establishment

Treaty

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

Treaty

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- Rules of Procedure1
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- ECOWAS Court3
Location1
- Countries (Geolocation) 1

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