of such rights. Given that these rights were given birth to from the relations of fact between the Parties, i.e. constituted by the offers and counter-offers of payment arising from the working relations between employer and employee as acknowledged by the Defendants themselves, such rights are indeed constituted as salary entitlements. The Applicant's claim to salary is a right which the Defendants do not contest. 33. The international instruments on Human Rights classify salaries among Civil, Economic and Social Rights, which have been incorporated into the provisions of Article 7 × The States Parties to the present Covenant recognize the right of everyone to the enjoyment of just and favourable conditions of work which ensure, in particular: (a) Remuneration which provides all workers, as a minimum, with: (i) Fair wages and equal remuneration for work of equal value without distinction of any kind, in particular women being guaranteed conditions of work not inferior to those enjoyed by men, with equal pay for equal work; (ii) A decent living for themselves and their families in accordance with the provisions of the present Covenant; (b) Safe and healthy working conditions; (c) Equal opportunity for everyone to be promoted in his employment to an appropriate higher level, subject to no considerations other than those of seniority and competence; (d) Rest, leisure and reasonable limitation of working hours and periodic holidays with pay, as well as remuneration for public holidays of the 1966 International Pact on Civil, Economic and Social Rights, Article 10 × Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him. of the Universal Declaration of Human Rights; and Article 15 of the African Charter on Human and Peoples' Rights. 34. Consequently, the Court adjudges that the claim for these rights, the even if in part, is justified, because they constitute fundamental human rights enshrined in texts and instruments adopted by on ECOWAS and ratified by the Member States. Issue 4: Does the Court of Justice of ECOWAS have jurisdiction to adjudicate on the Case? 35. As to the rights invoked by the Applicant, namely, economic exploitation ( Article 5of the African Charter on Human and Peoples' Human Rights, as well asArticle 23(2) × 2. Everyone, without any discrimination, has the right to equal pay for equal work. of the Universal Declaration of Human Rights), having been treated already in the paragraphs above, the Court has already formed the view that the Applicant has not been economically exploited, nor has his right to equal salary for equal work been infringed upon. These two arguments by the Applicant have already been dismissed, even if the Court, in the instant Case, recognises that the fact that the Applicant was not remunerated according to the Commonwealth salary scale, might have caused him to suffer a reduction in revenue and some form of frustration; that per se would not amount to violation of his Human Rights. 36. The Applicant's claims based on economic exploitation and a claim for equal salary for equal work are recognised by Articles 5 and 15 African Charter on Human and Peoples' Rights. These provisions are applicable to this Court by virtue of Article 4(g) of the Revised Treaty, and Article 10(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; of the Court's Supplementary Protocol. 37. Consequently, 1) Whereas the Court does not find in the facts, elements amounting to the economic exploitation of the Applicant; 2) Whereas the Court has held that the principle of the right to equal salary for equal work does not apply in the instant Case, on the grounds that the sources of finance for the remuneration Applicant are not the same as those of the Commonwealth; therefore, there has not been a violation of this principle; 3) Whereas the claims made by the Applicant have been found to be rooted in the inherited rights of the salaried worker, and thus recognisable as fundamental rights derived from relations of established between the Parties; but, whereas these human, civil, economic and social rights have not been violated, either; 7

Select target paragraph3