I. Afolabi vs. FRN; reported in (200R) CCJElR (Pt 1 ) 1 paragraphs 31-33 page 16; Mr Moussa Leo Keita v The Republic of Mali Reported in (2004-200S) CGJElR page 63 paragraphs 32-33 page 74; e 2. Alhaji Hammani Tidjani vs. FRN 4 ors (2004-2009} CCJELR page Tl, 3. Professor Etim Moses Essien vs, The Republic of the Gambia (2004-200S) a University of the Gambia CCJElR page 95 at SS paragraph 4; and 4. Chief Frank C. Ukor vs. Mr Rachad Laleye f1Anor (2004-2009) CCJELR page !31 at 145 paragraph 27. 23. The application of the plaintiff/applicant is on the premise that he was detained on a holding charge in Kiri-kiri Maximum Prison, since 2003 to date without trial. Does the fact fall under the premise of Article 9(4) of the Protocol of the court as amended? Article 9 (4) of the Protocol as amended provides: "71w Court has jurisdiction to determine cases of violation of human rights that occur in any member state" 24· The said protocol did not categorize or provide catalogued of the human rights that fall under the schedules of rights recognized by the same Protocol which the Court should apply. However, Article 4 (g) of the Revised Treaty of ECOWAS provides for the recognition, promotion protection of human rights as adumbrated and in the African Charter on Human and Peoples Rights. All these provisions on rights of persons in the African Charter on Human and Peoples Rights therein are rights applicable under Article 9(4) of the Protocol ofthe Court as amended. :.>.') The rights in the said African Charter are not the only rights that the violation of same will fall under Article 9(4) of the Protocol of the Court as amended. Those UN Conventions and Charter on Human acceded to by Member States of ECOWAS are recognizable Rights rights that 9

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