adjudicate on it in line with Article 9(4) of the Protocol A/P1/7/91 on the
Community Court of Justice (Protocol), which provides, “The Court has
jurisdiction to determine cases of violation of human rights that occur in
any Member State.”
VIII. ADMISSIBILITY
18.Admissibility of applications by this Court is provided for by Article 10(d)
(i) and (ii) of the Supplementary Protocol 2005 which provides thus:
“Access to the Court is open to…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.”
19.These provisions implicate three criteria for an application to be admissible:
1) the status of the applicant as a victim of human rights violations must be
established; 2) the application shall not be anonymous; 3) the application
shall not be instituted before another International Court for adjudication.
AZIAGBEDE KOKOU REP OF TOGO ECW/CCJ/JUD/07/13 PAGE. 7; ASSIMA
KOKOU INNOCENT & ORS V. REPUBLIC OF TOGO ECW/CCJ/JUD/08/13 PAGE.9
20.In addressing the first requirement, an additional element is implicated, that
is, proof of capacity as a proper party to file an action. Thus ahead of
determining whether a party is a victim or otherwise, which is an analysis
on merit it is imperative to first examine the capacity of the Applicants to
institute this action. This is more compelling particularly in light of the fact
that the first Applicant is described in the Application as a legal person
known as the Registered Trustees of Faculty of Peace Organisation, which
is a Non-Governmental Organisation registered in Nigeria.
8