VII JURISDICTION
31,
In view of the above, the Court will first address the issue of jurisdiction.
32.
Jurisdiction is an essential element in any judicial process. If a court does
not have jurisdiction, any decision made, no matter how well-founded, will
be null and void. See the case TIDJANE KONTE
&
OTHER
v. THE
REPUBLIC OF GANA, RULING No. ECW/CCJ/JUD/11/14, pg. 8.
33.
Jurisdiction is crucial to any legal action. As a rule, the jurisdiction of the
court is derived from the application submitted by the Applicant. In
assessing whether this Court has jurisdiction to hear a case, it must rely on
the facts provided by the Applicant, the relevant Court protocols and its
own case law. See the case FESTUS A.O. OGWUCHE v. THE FEDERAL
REPUBLIC
OF NIGERIA,
JUDGMENT No. ECW/CCJ/JUD/02/18,
pg.
10.
34.
Article 9(4) of the ECOWAS Court Protocol A/P.1/7/91, as amended by the
Supplementary Protocol A/SP.1/01/05, grants this Court jurisdiction to
adjudicate over human rights violations in any Member State.
35.
When the facts involve allegations of human rights violations in a Member
State, and the application is lodged by an individual, as provided for in
Article 9(4) and Article 10(d) of the ECOWAS
Court Protocol A/P.1/7/91
(as amended by Supplementary Protocol A/SP.1/01/05), and Article 5 of
the African Charter, without there being a dispute pending before another
international court, this Court is invested with jurisdiction. See the case of
MAIMUNA
ABDULMUMINI
v.
THE
FEDERAL
REPUBLIC
OF
NIGERIA & 2 OTHERS, JUDGMENT No. ECW/CCU/JUD/14/14, pg. 10.
36.
The mere allegation of a human rights violation in a Member
State is
sufficient to invest the Court with jurisdiction to hear the case, without
10
a
4