That the limitation on assembly and association in Edo State is overly broad
and vague and that the ban of their activities is not specific with a precise
nature of assembly and not limited to a duration necessary to achieve any
legitimate aim.
In conclusion the Applicants submit that the Respondent violated their right
to freedom of association and assembly under Articles 10 and 11
respectively of the African Charter. They claim the reliefs in paragraph 17
(i-iv) Supra.
Analysis of the Court
40.Ahead of analyzing the substantive rights allegedly violated by the
Respondent, the Court considers it expedient to first address the raison
d’etre for making the Federal Government of Nigeria the Respondent in this
matter where the alleged human rights violation was carried out at the behest
of the Government of Edo State.
41.In addressing this issue, the Court recalls that it has in a plethora of cases
reiterated the principle of state responsibility under international law
whereby a State Party to international human right instruments is held
responsible for the violation of the rights of its citizens by the conduct of
any of its organ empowered to exercise elements of governmental
authority. Such organ having acted in that capacity, shall be considered as
an act of the State under international law even if, in the particular case,
the organ exceeded its competence according to internal law or
contravened instructions concerning its activity. See TIDJANE KONTE &
ANOR V. REPUBLIC OF GHANA (2014) CCJELR PAGE 131, PARAGRAPH 38.
42.This principle was further expatiated by the Court when it held that“…a
Member State as an abstract entity must necessarily act through its organs
15