promoted, protected and enjoyed and whether the alleged violations
was committed by the member state of the community.”
44. Similarly, in Mamadou Tandja (2010) CCJELR pg. 109 & Bakare Sarre & 28
Ors v. Mali (2011) (CCJELR) pg. 57 the court held that:
“Once a human rights violation which involves international or
community obligations of a member state is alleged, it will exercise its
jurisdiction over the case.”
45. In view of the facts above, this case comes under the purview of Article 9 (4)
of the 1991 Protocol on the Court as amended by Supplementary Protocol 2005
of the Community Court of Justice, ECOWAS as it alleges violation of human
rights. The Court therefore holds that it has jurisdiction to hear this case.
2. Whether the Applicant is a proper person to access the Court under
Articles 10 (C) and 10 (d) of the 1991 Protocol of the Court as amended by the
Supplementary Protocol 2005.
46. In considering the jurisdiction of the Court, it is imperative that if the court
finds that the subject matter is an alleged Human Rights violation, it must also
consider whether the parties are proper parties before it. The Supplementary
Protocol 2005 has made provision for both individual and legal persons, for
example corporate bodies to access the court, as well as the circumstances
under which they can so do. The Court will be guided by Article 10 (C ) and 10
(d) of the Supplementary Protocol 2005 of the Court , under which the applicant
brought the action wherein it proffered strong arguments that, it is entitled to
access the Court against the Respondent who it claims is a proper party under
those provisions.
47. Article 10(C) of the 1991 Protocol on the Court as amended by the
Supplementary Protocol 2005 provides:
“Access to the Court is open to individuals and corporate bodies in
proceedings for the determination of an act or inaction of a community
official which violates the rights of the individuals or corporate bodies.”
48. It follows from Article 10 (C) above that the proper party should either be an
individual or a corporate body bringing an action against a Community Official
for an act or omission which violates their rights. From the available record
before the Court, Dexter Oil Limited is a corporate body duly registered under
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