Jurisdiction of the Court.
22. Jurisdiction is an important component of adjudication in the courts and where
the court has no jurisdiction, the trial no matter how well conducted would become
a nullity. In this regard the need to consider this aspect is necessary. Is the claim
within the competence of this court?
For competence to be established the
following provisions of Articles 9(4) and 10(d) of the Supplementary Protocol
2005 on the Court, Article 14 of the African Charter on Human and Peoples'
Rights, referred to us by the applicant, require consideration. Let us begin by
examining them as follows:
Article
9(4) of the Supplementary Protocol of 2005
stipulates: "The Court shall
have
jurisdiction
to
determine cases of violation of human rights that occur
in any Member State."
23.
Article lO(d) of the Supplementary Protocol
provides:
"Individuals on application for relief for violation of their human
rights; the submission of application for which shall:
i) Not be anonymous; nor
ii) be made whilst the same matter has been instituted
before another International Court for adjudication;"
Article 14 of the African Charter states: "The right to
property shall be guaranteed. It may only be encroached
upon in the interest of public need or in the general
interest of the community and in accordance with the
provisions of appropriate laws."
8