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36. Thus pronounced and signed on 11th day of December, 2018 Community Court of Justice Abuja, Nigeria. in the ECOWAS AND THE FOLLOWING HAVE APPENDED THEIR SIGNATURES: Hon. Justice Edward Amaoko Asante, Presiding ------------------------ Hon. Justice Gberi-Be Ouattara, Member ------------------------ Hon. Justice Keikura Bangura, Member/ Judge Rapporteur ------------------------ Assisted by Mr Tony Anene-Maidoh, Esq., Chief Registrar ----------------------- 8

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PARTIES2
PLAINTIFF CLAIMS FOR:2
DEFENDANT’S CASE3
Plaintiff’s Response to the Defense4
Articles alleged to have been violated by the defendants:4
LEGAL ANALYSIS BY THE COURT5
Decision7
AND THE FOLLOWING HAVE APPENDED THEIR SIGNATURES:8

ECW/CCJ/JUD/29/18 CHIEF Ambrose Osuan v. Nigeria & Anor

ECOWAS Court

Preview

ECCJ App no.: EWC/CCJ/APP/25/16

ECCJ Jud No.: ECW/CCJ/JUD/29/18

Type of Document

Judgement

Keywords

Damages and Compensation
Forced Eviction
Free Disposal of Wealth and Natural Resources
Indigenous Communities
Land Rights
Protection of Family and Vulnerable Groups
Reparations / Remedies
Right to Fair Trial
Right to Property

Country

Nigeria

Outcome: Case Dismissed

Year Decided: Dec 11, 2018

African Charter Rights Alleged to be Violated

ACHPR 14: Right to Property
ACHPR 21: Right to Free Disposal of Wealth and Natural Resources
ACHPR 21.1: People's right to freely dispose of their wealth and natural resources
ACHPR 21.2: Right to the lawful recovery of property by dispossessed people
ACHPR 21.3: People's freedom to dispose of their wealth and natural resources without prejudice
ACHPR 7.1.a: Right to Sue for Remedy before a Competent Tribunal

Duration of Procedure: Jul 22, 2016 ~ Nov 11, 2018

Country Geolocation

Latitude: 9.081999

Longitude: 8.675277

Country Geolocation (linked ECOWAS Court): Nigeria

Primary Documents

ECW_CCJ_JUD_29_18.pdf
English
ML TOC
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African Charter on Human and Peoples' Rights (Banjul Charter)

Article 14The 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.

Treaty

UN Declation on the Rights of Indigenous Peoples (UNDRIP)

Article 261. Indigenous peoples have the right to the lands, territories and resources which they have tradi-tionally owned, occupied or otherwise used or acquired.2. Indigenous peoples have the right to own, use, develop and control the lands, territories and resources that they possess by reason of tra-ditional ownership or other traditional occu-pation or use, as well as those which they have otherwise acquired.3. States shall give legal recognition and protection to these lands, territories and resources. Such recognition shall be conducted with due respect to the customs, traditions and land tenure sys-tems of the indigenous peoples concerned.

UN Document

Universal Declaration of Human Rights (UDHR)

rticle 17 1. Everyone has the right to own property alone as well as in association with others. 2. No one shall be arbitrarily deprived of his property.

UN Document

International Covenant on Civil and Political Rights ICCPR

Article 11. All peoples have the right of self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development. 2. All peoples may, for their own ends, freely dispose of their natural wealth and resources without prejudice to any obligations arising out of international economic co-operation, based upon the principle of mutual benefit, and international law. In no case may a people be deprived of its own means of subsistence. 3. The States Parties to the present Covenant, including those having responsibility for the administration of Non-Self-Governing and Trust Territories, shall promote the realization of the right of self-determination, and shall respect that right, in conformity with the provisions of the Charter of the United Nations.

UN Document

International Covenant on Economic, Social and Cultural Rights ICESCR

Article 1 1. All peoples have the right of self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development. 2. All peoples may, for their own ends, freely dispose of their natural wealth and resources without prejudice to any obligations arising out of international economic co-operation, based upon the principle of mutual benefit, and international law. In no case may a people be deprived of its own means of subsistence. 3. The States Parties to the present Covenant, including those having responsibility for the administration of Non-Self-Governing and Trust Territories, shall promote the realization of the right of self-determination, and shall respect that right, in conformity with the provisions of the Charter of the United Nations.

UN Document

UN Declation on the Rights of Indigenous Peoples (UNDRIP)

Article 201. Indigenous peoples have the right to maintain and develop their political, economic and social systems or institutions, to be secure in the en-joyment of their own means of subsistence and development, and to engage freely in all their traditional and other economic activities.

UN Document

UN Declation on the Rights of Indigenous Peoples (UNDRIP)

Article 281. Indigenous peoples have the right to redress, by means that can include restitution or, when this is not possible, just, fair and equitable compensation, for the lands, territories and re-sources which they have traditionally owned or otherwise occupied or used, and which have been confiscated, taken, occupied, used or damaged without their free, prior and in-formed consent.2. Unless otherwise freely agreed upon by the peoples concerned, compensation shall take 21the form of lands, territories and resources equal in quality, size and legal status or of monetary compensation or other appropriate redress

UN Document

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

In case of spoliation the dispossessed people shall have the right to the lawful recovery of its property as well as to an adequate compensation.

Treaty

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

International Covenant on Civil and Political Rights ICCPR

3. Each State Party to the present Covenant undertakes: (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; (b) To ensure that any person claiming such a remedy shall have his right thereto determined by competent judicial, administrative or legislative authorities, or by any other competent authority provided for by the legal system of theState, and to develop the possibilities of judicial remedy; (c) To ensure that the competent authorities shall enforce such remedies when granted.

UN Document

Rules of the Court of Justice of the Economic Community of West African States

2. The time limit laid down in paragraph 1 of this Article may be extended by the President on a reasoned application by the defendant.

Treaty

Rules of the Court of Justice of the Economic Community of West African States

Article 771. Any time-limit prescribed pursuant to these Rules may be extended by whoever prescribed it. 2. The President may delegate to the Vice President power of signature for the purpose of fixing time limits which, pursuant to these Rules, it falls to them to prescribe or of extending such time- limits

Treaty

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

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;

Treaty

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

Treaty

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

Article 221. All peoples shall have the right to their economic, social and cultural development with due regard to their freedom and identity and in the equal enjoyment of the common heritage of mankind. 2. States shall have the duty, individually or collectively, to ensure the exercise of the right to development.

Treaty

UN Declation on the Rights of Indigenous Peoples (UNDRIP)

Article 1Indigenous peoples have the right to the full en-joyment, as a collective or as individuals, of all 8human rights and fundamental freedoms as rec-ognized in the Charter of the United Nations, the Universal Declaration of Human Rights4 and in-ternational human rights law.

UN Document

UN Declation on the Rights of Indigenous Peoples (UNDRIP)

UN Document

UN Declation on the Rights of Indigenous Peoples (UNDRIP)

UN Document

UN Declation on the Rights of Indigenous Peoples (UNDRIP)

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)

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

Universal Declaration of Human Rights (UDHR)

Article 17 1. Everyone has the right to own property alone as well as in association with others. 2. No one shall be arbitrarily deprived of his property.

UN Document

International Covenant on Civil and Political Rights ICCPR

UN Document

International Covenant on Civil and Political Rights ICCPR

UN Document

International Covenant on Civil and Political Rights ICCPR

Article 141. All persons shall be equal before the courts and tribunals. In the determination of any criminal charge against him, or of his rights and obligations in a suit at law, everyone shall be entitled to a fair and public hearing by a competent, independent and impartial tribunal established by law. The press and the public may be excluded from all or part of a trial for reasons of morals, public order (ordre public) or national security in a democratic society, or when the interest of the private lives of the parties so requires, or to the extent strictly necessary in the opinion of the court in special circumstances where publicity would prejudice the interests of justice; but any judgement rendered in a criminal case or in a suit at law shall be made public except where the interest of juvenile persons otherwise requires or the proceedings concern matrimonial disputes or the guardianship of children.

UN Document

International Covenant on Economic, Social and Cultural Rights ICESCR

2. The States Parties to the present Covenant undertake to guarantee that the rights enunciated in the present Covenant will be exercised without discrimination of any kind as to race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.

UN Document

1969 Vienna Convention on the Law of Treaties

Article 26. "PACTA SUNT SERVANDA"Every treaty in force is binding upon the parties to it and must be performed by them in good faith

UN Document

1969 Vienna Convention on the Law of Treaties

rticle 27. INTERNAL LAW AND OBSERVANCE OF TREATIES A party may not invoke the provisions of its internal law as justification for its failure to perform a treaty. This rule is without prejudice to article 46

UN Document

ECW/CCJ/JUD/02/12 Femi Falana & Anor v Benin & 2 Others

ECOWAS Court

Supplementary Protocol A/SP.1/01/05 Amending the Preamble and Articles 1, 2, 9 and 30 of Protocol A/P.1/7/91 Relating to the Community Court of Justice and Article 4 Paragraph 1 of the English Version of the Said Protocol (ECOWAS Court Supplementary Protocol 2005)

3. Any action by or against a Community Institution or any Member of the Community shall be statute barred after three (3) years from the date when the right of action arose.

Treaty

Supplementary Protocol A/SP.1/01/05 Amending the Preamble and Articles 1, 2, 9 and 30 of Protocol A/P.1/7/91 Relating to the Community Court of Justice and Article 4 Paragraph 1 of the English Version of the Said Protocol (ECOWAS Court Supplementary Protocol 2005)

3. Any action by or against a Community Institution or any Member of the Community shall be statute barred after three (3) years from the date when the right of action arose.

Treaty

Supplementary Protocol A/SP.1/01/05 Amending the Preamble and Articles 1, 2, 9 and 30 of Protocol A/P.1/7/91 Relating to the Community Court of Justice and Article 4 Paragraph 1 of the English Version of the Said Protocol (ECOWAS Court Supplementary Protocol 2005)

3. Any action by or against a Community Institution or any Member of the Community shall be statute barred after three (3) years from the date when the right of action arose.

Treaty

ECW/CCJ/ADD/02/16 Alhaji Dr. Man M. Man M. B. Joof v. President of ECOWAS Commission & ECOWAS Commission

ECOWAS Court

Supplementary Protocol A/SP.1/01/05 Amending the Preamble and Articles 1, 2, 9 and 30 of Protocol A/P.1/7/91 Relating to the Community Court of Justice and Article 4 Paragraph 1 of the English Version of the Said Protocol (ECOWAS Court Supplementary Protocol 2005)

3. Any action by or against a Community Institution or any Member of the Community shall be statute barred after three (3) years from the date when the right of action arose

Treaty

Supplementary Protocol A/SP.1/01/05 Amending the Preamble and Articles 1, 2, 9 and 30 of Protocol A/P.1/7/91 Relating to the Community Court of Justice and Article 4 Paragraph 1 of the English Version of the Said Protocol (ECOWAS Court Supplementary Protocol 2005)

3. Any action by or against a Community Institution or any Member of the Community shall be statute barred after three (3) years from the date when the right of action arose.

Treaty

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- Treaty12
- UN Document21
International cases/decisions2
- ECOWAS Court2
Location1
- Countries (Geolocation) 1

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