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COMMUNITY COURT OF JUSTICE, ECOWAS No. 10 DAR ES SALAAM CRESCENT OFF AMINU KANO CRESCENT, WUSE II, ABUJA-NIGERIA. PMB 567 GARKI, ABUJA TEL: 234-9-78 22 801 Website: wwwcourtecowas.org COUR DE JUSTICE DE LA COMMUNATE, CEDEAO TRIBUNAL DE JUSTICA DA COMMUNIDADE, CEDEAO IN THE COMMUNITY COURT OF JUSTICE OF SUIT NO: ECW/CCJ/APP/33/19 JUDGMENT NO. ECW/CCJ/JUD/28/20 COUNSELLOR KABINEH MUHAMMAD JA’NEH …. APPLICANT AND 1. REPUBLIC OF LIBERIA 2. JUDGE YUSIF D. KABA …. RESPONDENTS COMPOSITION OF THE COURT: Hon. Justice Edward Amoako ASANTE - Presiding/Judge Rapporteur Hon. Justice Dupe ATOKI - Member Hon. Justice Januaria T. Silva Moreira COSTA - Member ASSISTED BY: Mr. Athanase ATANNON - Deputy Chief Registrar 2

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I. JUDGMENT3
II. DESCRIPTION OF THE PARTIES3
III. INTRODUCTION4
IV. PROCEDURE BEFORE THE COURT5
V. APPLICANT’S CASE5
a. Applicant’s summary of facts5
b. Applicant’s pleas in law13
c. Reliefs/orders sought by the Applicant14
VI. RESPONDENT'S CASE:17
a. Respondent's summary of facts17
b. Respondent's pleas in law18
c. Reliefs/orders sought by the Respondents18
VII. JURISDICTION19
VIII. MERITS32
a. Alleged violation of right to fair trial32
Alleged violation of the Applicant’s right to work62
IX. REPARATION66
X. COSTS71
XI. OPERATIVE CLAUSE71
As to jurisdiction71
As to Admissibility71
As to compliance with Rules of the Court72
On Merits of the case72
XII. REPARATION72
On the violation of right to fair hearing and work72
On moral damages73
XIII. COMPLIANCE AND REPORTING73
ON COST73

ECW/CCJ/JUD/28/20 - Counsellor Muhammad Kabine Ja'Neh v. Liberia & Anor

ECOWAS Court

Preview

ECCJ App no.: ECW/CCJ/APP/33/19

ECCJ Jud No.: ECW/CCJ/JUD/28/20

Type of Document

Judgement

Keywords

Cruel and Degrading Treatment
Freedom from Discrimination
Functioning and Independence of the Judiciary
Right to Fair Trial
Right to Work

Country

Liberia

Outcome: Decided on Merits

Year Decided: Nov 20, 2020

African Charter Rights Alleged to be Violated

ACHPR 7: Right to Fair Trial
ACHPR 1: General Obligations
ACHPR 15: Right to Work
ACHPR 2: Freedom from Discrimination
ACHPR 26 : Duty to Guarantee Independence of Courts
ACHPR 5: Cruel Inhuman and Degrading Treatment

African Charter Rights Violated

ACHPR 7: Right to Fair Trial
ACHPR 15: Right to Work

Duration of Procedure: Aug 23, 2019 ~ Nov 10, 2020

Country Geolocation

Latitude: 6.428055

Longitude: -9.429499000000002

Country Geolocation (linked ECOWAS Court): Liberia

Primary Documents

JUD-ECW-CCJ-JUD-28-20-Counsellor-Muhammad-Kabine-JaNeh-vs.-Rep-of-LIBERIA-10_11_20-vA.docx.pdf
English
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African Charter on Human and Peoples' Rights

Article 71.Every individual shall have the right to have his cause heard. This comprises: (a) the right to an appeal to competent national organs against acts of violating his fundamental rights as recognized and guaranteed by conventions, laws, regulations and customs in force; (b) the right to be presumed innocent until proved guilty by a competent court or tribunal; (c) the right to defense, including the right to be defended by counsel of his choice; (d) the right to be tried within a reasonable time by an impartial court or tribunal. 2.No one may be condemned for an act or omission which did not constitute a legally punishable offence at the time it was committed. No penalty may be inflicted for an offence for which no provision was made at the time it was committed. Punishment is personal and can be imposed only on the offender.

Treaty

Universal Declaration of Human Rights (UDHR)

Article 10

UN Document

African Charter on Human and Peoples' Rights (Banjul Charter)

Treaty

African Charter on Human and Peoples' Rights (Banjul Charter)

Article 5Every individual shall have the right to the respect of the dignity inherent in a human being and to the recognition of his legal status. All forms of exploitation and degradation of man particularly slavery, slave trade, torture, cruel, inhuman or degrading punishment and treatment shall be prohibited.

Treaty

African Charter on Human and Peoples' Rights (Banjul Charter)

Article 15Every individual shall have the right to work under equitable and satisfactory conditions, and shall receive equal pay for equal work.

Treaty

Universal Declaration of Human Rights (UDHR)

Article 10 Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him.

UN Document

African Charter on Human and Peoples' Rights (Banjul Charter)

Treaty

African Charter on Human and Peoples' Rights (Banjul Charter)

Treaty

African Charter on Human and Peoples' Rights (Banjul Charter)

Article 15Every individual shall have the right to work under equitable and satisfactory conditions, and shall receive equal pay for equal work.

Treaty

African Charter on Human and Peoples' Rights (Banjul Charter)

Treaty

African Charter on Human and Peoples' Rights (Banjul Charter)

Article 1The Member States of the Organization of African Unity parties to the present Charter shall recognize the rights, duties and freedoms enshrined in this Chapter and shall undertake to adopt legislative or other measures to give effect to them.

Treaty

African Charter on Human and Peoples' Rights (Banjul Charter)

Treaty

African Charter on Human and Peoples' Rights (Banjul Charter)

Article 15Every individual shall have the right to work under equitable and satisfactory conditions, and shall receive equal pay for equal work.

Treaty

African Charter on Human and Peoples' Rights (Banjul Charter)

Article 26States parties to the present Charter shall have the duty to guarantee the independence of the Courts and shall allow the establishment and improvement of appropriate national institutions entrusted with the promotion and protection of the rights and freedoms guaranteed by the present Charter.

Treaty

African Charter on Human and Peoples' Rights (Banjul Charter)

Article 2Every individual shall be entitled to the enjoyment of the rights and freedoms recognized and guaranteed in the present Charter without distinction of any kind such as race, ethnic group, color, sex, language, religion, political or any other opinion, national and social origin, fortune, birth or other status.

Treaty

African Charter on Human and Peoples' Rights (Banjul Charter)

Treaty

Universal Declaration of Human Rights (UDHR)

1. Everyone has the right to take part in the government of his country, directly or through freely chosen representatives.

UN Document

Universal Declaration of Human Rights (UDHR)

Article 3 Everyone has the right to life, liberty and security of person.

UN Document

Universal Declaration of Human Rights (UDHR)

UN Document

Universal Declaration of Human Rights (UDHR)

Article 8 Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law.

UN Document

Universal Declaration of Human Rights (UDHR)

2. Everyone has the right to equal access to public service in his country.

UN Document

Universal Declaration of Human Rights (UDHR)

Article 11 1. Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defence. 2. No one shall be held guilty of any penal offence on account of any act or omission which did not constitute a penal offence, under national or international law, at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time the penal offence was committed.

UN Document

Universal Declaration of Human Rights (UDHR)

2. No one shall be held guilty of any penal offence on account of any act or omission which did not constitute a penal offence, under national or international law, at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time the penal offence was committed.

UN Document

Universal Declaration of Human Rights (UDHR)

Article 23 1. Everyone has the right to work, to free choice of employment, to just and favourable conditions of work and to protection against unemployment.

UN Document

Universal Declaration of Human Rights (UDHR)

3. Everyone who works has the right to just and favourable remuneration ensuring for himself and his family an existence worthy of human dignity, and supplemented, if necessary, by other means of social protection.

UN Document

African Charter on Human and Peoples' Rights (Banjul Charter)

Treaty

African Charter on Human and Peoples' Rights (Banjul Charter)

Treaty

Universal Declaration of Human Rights (UDHR)

UN Document

African Charter on Human and Peoples' Rights (Banjul Charter)

Treaty

African Charter on Human and Peoples' Rights (Banjul Charter)

Article 15Every individual shall have the right to work under equitable and satisfactory conditions, and shall receive equal pay for equal work.

Treaty

African Charter on Human and Peoples' Rights (Banjul Charter)

Treaty

African Charter on Human and Peoples' Rights (Banjul Charter)

Treaty

African Charter on Human and Peoples' Rights (Banjul Charter)

Treaty

African Charter on Human and Peoples' Rights (Banjul Charter)

Article 15Every individual shall have the right to work under equitable and satisfactory conditions, and shall receive equal pay for equal work.

Treaty

African Charter on Human and Peoples' Rights (Banjul Charter)

Treaty

African Charter on Human and Peoples' Rights (Banjul Charter)

Treaty

African Charter on Human and Peoples' Rights (Banjul Charter)

Article 4Human beings are inviolable. Every human being shall be entitled to respect for his life and the integrity of his person. No one may be arbitrarily deprived of this right.

Treaty

African Charter on Human and Peoples' Rights (Banjul Charter)

Treaty

African Charter on Human and Peoples' Rights (Banjul Charter)

Article 15Every individual shall have the right to work under equitable and satisfactory conditions, and shall receive equal pay for equal work.

Treaty

African Charter on Human and Peoples' Rights (Banjul Charter)

Article 15Every individual shall have the right to work under equitable and satisfactory conditions, and shall receive equal pay for equal work.

Treaty

African Charter on Human and Peoples' Rights (Banjul Charter)

Treaty

African Charter on Human and Peoples' Rights (Banjul Charter)

Treaty

African Charter on Human and Peoples' Rights (Banjul Charter)

Treaty

African Charter on Human and Peoples' Rights (Banjul Charter)

Treaty

African Charter on Human and Peoples' Rights (Banjul Charter)

Treaty

African Charter on Human and Peoples' Rights (Banjul Charter)

Treaty

African Charter on Human and Peoples' Rights (Banjul Charter)

Article 4Human beings are inviolable. Every human being shall be entitled to respect for his life and the integrity of his person. No one may be arbitrarily deprived of this right.

Treaty

African Charter on Human and Peoples' Rights (Banjul Charter)

Article 15Every individual shall have the right to work under equitable and satisfactory conditions, and shall receive equal pay for equal work.

Treaty

International Covenant on Civil and Political Rights ICCPR

(a) To ensure that any person whose rights or freedoms as herein recognized are violated shall have an effective remedy, notwithstanding that the violation has been committed by persons acting in anofficial capacity;

UN Document

ECOWAS Court Rules of Procedure

11. If costs are not claimed, the parties shall bear their own costs.

Rules of Procedure

ECOWAS Court Rules of Procedure

3) The lawyer acting for a party must lodge at the Registry a certificate that he is authorized to practice before a Court of a member State or of another State, which is a party to the Treaty.

Rules of Procedure

ECOWAS Court Rules of Procedure

2. For the purpose of the proceedings, the application shall state an address for service in the place where the Court has its seat and the name of the person who is authorized and has expressed willingness to accept service.

Rules of Procedure

Treaties and softlaw only52
- Treaty36
- UN Document13
- Rules of Procedure3
Location1
- Countries (Geolocation) 1

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