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COMMUNITY COURT OF JUSTICE, ECOWAS COUR DE JUSTICE DE LA COMMUNATE, CEDEAO TRIBUNAL DE JUSTICA DA COMMUNIDADE, No. 10 DAR ES SALAAM CRESCENT OFF AMINU KANO CRESCENT, WUSE II, ABUJANIGERIA. PMB 567 GARKI, ABUJA TEL: 234-9-78 22 801 Website: wwwcourtecowas.org CEDEAO IN THE COMMUNITY COURT OF JUSTICE OF THE ECONOMIC COMMUNITY OF WEST AFRICAN STATES (ECOWAS) HOLDEN AT ABUJA, IN NIGERIA ON 15TH, DAY OF MAY, 2019 SUIT No: ECW/CCJ/APP/19/16 JUDGMENT No: ECW/CCJ/JUD/21/19 BETWEEN SGT MIKAH RANGO & 243 ORS - APPLICANTS AND FEDERAL REPUBLIC OF NIGERIA -RESPONDENT COMPOSTION OF THE COURT Hon. Justice Edward Amoako Asante Hon. Justice Dupe Atoki - Presiding - Member Hon. Justice Keikura Bangura - Member Assisted by Mr. Tony Anene-Maidoh, Esq. - Chief Registrar 1

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JUDGEMENT2
PARTIES2
Background2
SUMMARY OF FACTS4
Applicant’s Case4
Applicant’s Response6
Whether the Court has jurisdiction to hear and determine the case7
Requirement to comply with the applicable law12

ECW/CCJ/JUD/21/19 - SGT. Mikah Rango & 243 Ors v. Nigeria

ECOWAS Court

Preview

ECCJ App no.: ECW/CCJ/APP/19/16

ECCJ Jud No.: ECW/CCJ/JUD/21/19

Type of Document

Judgement

Keywords

Cruel and Degrading Treatment
Damages and Compensation
Right to Dignity
Right to Fair Trial
Right to Work
Workers' Rights

Country

Nigeria

Outcome: Decided on Merits

Year Decided: May 15, 2019

African Charter Rights Alleged to be Violated

ACHPR 7: Right to Fair Trial
ACHPR 15: Right to Work

African Charter Rights Violated

ACHPR 7: Right to Fair Trial
ACHPR 15: Right to Work

Duration of Procedure: Jun 7, 2016 ~ May 15, 2019

Country Geolocation

Latitude: 9.081999

Longitude: 8.675277

Country Geolocation (linked ECOWAS Court): Nigeria

Primary Documents

JUD-ECW-CCJ-JUD-21-19 SGT MIKAH RANGO & 243 ORS v NIGERIA.pdf
english
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African Charter on Human and Peoples' Rights (Banjul Charter)

Article 71.Every individual shall have the right to have his cause heard. This comprises: (a) the right to an appeal to competent national organs against acts of violating his fundamental rights as recognized and guaranteed by conventions, laws, regulations and customs in force; (b) the right to be presumed innocent until proved guilty by a competent court or tribunal; (c) the right to defense, including the right to be defended by counsel of his choice; (d) the right to be tried within a reasonable time by an impartial court or tribunal. 2.No one may be condemned for an act or omission which did not constitute a legally punishable offence at the time it was committed. No penalty may be inflicted for an offence for which no provision was made at the time it was committed. Punishment is personal and can be imposed only on the offender.

Treaty

Universal Declaration of Human Rights (UDHR)

Article 10 Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him. Article 11 1. Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defence.

UN Document

Universal Declaration of Human Rights (UDHR)

Article 8 Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law.

UN Document

International Covenant on Economic, Social and Cultural Rights ICESCR

Article 7 The States Parties to the present Covenant recognize the right of everyone to the enjoyment of just and favourable conditions of work which ensure, in particular: (a) Remuneration which provides all workers, as a minimum, with: 3(i) Fair wages and equal remuneration for work of equal value without distinction of any kind, in particular women being guaranteed conditions of work not inferior to those enjoyed by men, with equal pay for equal work; (ii) A decent living for themselves and their families in accordance with the provisions of the present Covenant; (b) Safe and healthy working conditions; (c) Equal opportunity for everyone to be promoted in his employment to an appropriate higher level, subject to no considerations other than those of seniority and competence;

UN Document

International Covenant on Economic, Social and Cultural Rights ICESCR

Article 6 1. The States Parties to the present Covenant recognize the right to work, which includes the right of everyone to the opportunity to gain his living by work which he freely chooses or accepts, and will take appropriate steps to safeguard this right.

UN Document

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

Article 15Every individual shall have the right to work under equitable and satisfactory conditions, and shall receive equal pay for equal work.

Treaty

Universal Declaration of Human Rights (UDHR)

Article 23 1. Everyone has the right to work, to free choice of employment, to just and favourable conditions of work and to protection against unemployment. 2. Everyone, without any discrimination, has the right to equal pay for equal work. 3. Everyone who works has the right to just and favourable remuneration ensuring for himself and his family an existence worthy of human dignity, and supplemented, if necessary, by other means of social protection. 4. Everyone has the right to form and to join trade unions for the protection of his interests.

UN Document

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

Treaty

Universal Declaration of Human Rights (UDHR)

UN Document

Universal Declaration of Human Rights (UDHR)

Article 8 Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law.

UN Document

International Covenant on Economic, Social and Cultural Rights ICESCR

UN Document

International Covenant on Economic, Social and Cultural Rights ICESCR

(b) Safe and healthy working conditions; (c) Equal opportunity for everyone to be promoted in his employment to an appropriate higher level, subject to no considerations other than those of seniority and competence;

UN Document

International Covenant on Economic, Social and Cultural Rights ICESCR

UN Document

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

Article 15Every individual shall have the right to work under equitable and satisfactory conditions, and shall receive equal pay for equal work.

Treaty

Universal Declaration of Human Rights (UDHR)

UN Document

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- UN Document11
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