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

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