case law (Cf Judgment N0 ECW/ CCJ /RUL/02/10 of 14
I
May, 2010 APP/07/08, Hissein Habre v Senegal, paragraphs
53, 58 and 59; Judgment N° ECW/CCJ/JUD/05/l 0 of 8th
November,
2010, in the case ECW/CCJ /APP/05/09
of
Mamadou Tandja v Niger paragraph 18(1)(b).
72. As has been consistently held by this Court, the mere
allegation that there has
been violation of human rights in
.
'
,.
{ ,
the territory of a· Member State is sufficient prima facie to
justify the jurisdiction of this Court on the dispute, surely
without any prejudice to the substance and merits of the
complaint which has to be detern1ined only after the parties
had been given opportunity to present their case, with full
guarantees of fair trial. .
73. The
Federal Republic
of Nigeria
contends
that
the
competent court to adjudicate on the dispute between the
parties is a domestic court, more precisely the Rivers State
High Court, where the case is pending.
-
74. However,
that argument see1ns to be n1isconceived,
because when the complaint is based on allegations of
human rights violations, as it is in the instant case; the