pendency of an action before national Courts in cases of human rights violation
is not a bar to the exercise of the jurisdiction of this Court.
In Valentine Ayika Vs Republic of Liberia (suit No: ECW/CCJ/APP/07/11),
the defendants raised a preliminary objection to the admissibility of the claim
on the ground that a similar case is pending before the Supreme Court of
Liberia in respect of the subject matter of the suit. The Plaintiff relied on the
provisions of Article 10(d) of the 2005 Supplementary Protocol and argued that
the provision only applies as a bar to proceedings before the Court where the
same issue is pending before another International Court or Tribunal. In
upholding the Plaintiff’s contention, the Court held that the Supreme Court of
Liberia as well as any other Domestic Court in member States do not qualify
as international Courts within the meaning of Article10 (d) (ii) of the Protocol.
Accordingly, this ground of objection as well as others enumerated above
cannot be sustained and the Court so holds.
The 1st defendant contends that the non- ratification of the Supplementary
Protocol of 2005 granting the Court Jurisdiction to hear cases of violation of
human rights occurring in ECOWAS Members States by her renders the treaty
inapplicable to her. Treaty is a very important source of international law.
In a nut shell, within the ambit of the Vienna convention on law of Treaties
1969, a treaty is a written agreement between States touching a particular
subject matter in which they signify their intention to be bound by the
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