2. Whereas Articles 9(4) and IO(d) of the Supplementary Protocol 2005 on the
Court, relied by the applicant, provide that the Court shall have jurisdiction to
determine cases of violation of human rights that occur in any Member State, and
that, Individuals on application for relief for violation of their human rights; the
submission of application for which shall Not be anonymous; nor be made whilst
the same matter has been instituted before another International Court for
adjudication;
3.
Whereas, Article 14 of the African Charter on Human and Peoples' Rights
states that the right to property shall be guaranteed and it may only be encroached
upon in the interest of public need or in the general interest of the coriununity and
in accordance with the provisions of appropriate laws;
4. Whereas in international human Rights law, obligations are placed on States,
through all human rights treaties and customary international law the State is solely
responsible for any violation of human rights protected by international law and
States can only act by and through their agents and representatives and a central
element in the law of State responsibility
is that,
organs of State (such as
government departments, or its courts), or individuals or groups in the employment
of the State (the Police, the Army, Customs Officers) act in a way that violates
international law, their conduct is attributed to the State, and the State is
internationally responsible for such conduct".
5. Whereas this Court adjudged that the actions of the two policemen were state
responsibilities being that the two police constables were in the services of the
defendants when the acts were committed and were in police uniforms and
performing police kind of duties ; and Whereas such acts were proved
by the
description of state responsibility under international law as quoted in this case; the
acts became the acts of the defendant and within the responsibility of the state;
despite the fact that the two police constables were prosecuted and sentenced to 20
years imprisonment;
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