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