her, the entire action is predicated on alleged disobedience of the
Orders of Nigerian Courts, and that the procedure provided for by
Nigerian laws have not been complied with. He cited some Nigerian
authorities and urged the Court to dismiss and/or strike out this
action for want of jurisdiction stemming from incompetency in
initiating the Application against the Defendant.
The Applicant, in his reply to the issues raised by the Defendant,
submitted as follows;
a. That the Application is not for contempt of Nigerian Courts but
for enforcement of the human rights of the Applicant as
contained in the narration of facts.
b. That the Court has jurisdiction to entertain this suit by virtue of
the provisions of Article 9 (4) of the Supplementary Protocol
A/SP.1/01/05 relating to the Community Court of Justice which
confers jurisdiction on the Community Court of Justice to
determine cases of violation of human rights that occur in any
Member State. That the Defendant is a Party to that treaty and
therefore bound by it.
c. That the Defendant is also a signatory to the African Charter on
Human and Peoples’ Rights, the International Covenant on Civil
17