occur in any Member State”.
In the same vein, Article 10(d) of the said Supplementary Protocol provides for
who can access the Court for human rights violations as follows:
Access to the Court is open to the following;
d. Individuals on application for relief for violation of their human
rights, the submission (or application) of which shall not be
anonymous nor be made while the same matter has been
instituted before another International Court for adjudication.
In expounding the import of the above provisions, this Court, in HISSEN HABRE
Vs. SENEGAL (2010) CCJ LR P 65, held that in order to determine whether or not
it has jurisdiction to hear a case, the Court has to examine if the issue(s)
submitted to it for adjudication deals with rights enshrined for the benefits of
the human person and arising from the International or Community Obligation
of the State as human rights to be observed, promoted, protected and enjoyed
and whether the alleged violations were committed by a Member State of the
Community.
Similarly, in HAMMANI TIDJANI Vs. FEDERAL REPUBLIC OF NIGERIA & 8 ORS,
this Court laid down the condition precedent to its assumption and exercise of
jurisdiction as follows;
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