Cha?bou-Nanzir (A Professional Partnership of Lawyers), a legal firm registered with the Court of Appeal of
Niamey, in the Republic of Niger, and she is assisted by Mrs. Helena Duffy and Mr. Ibrahima Kane of Inter
Rights, London.
3. The Defendant, the Republic of Niger, is a Member State of the Economic Community of West African
States (ECOWAS).
4. The Defendant is represented by Mossi Boubacar Esq. and Partners, Lawyers registered with the Appeal
Court of Niamey, in the Republic of Niger.
5. The Applicant brings a complaint against the Defendant for violating her fundamental human rights, asks
the Court to find such violation, and to sanction the Defendant.
6. The Defendant raised a Preliminary Objection of inadmissibility of the Application.
7. The Court decided to join the Preliminary Objection to the merits, in accordance with Article 87 (5) of its
Rules of Procedure.
Presentation of the Facts and Procedure
8. In 1996, aged twelve (12) years by then, the Applicant, Hadijatou Mani Koraou of Bouzou customary
background was sold by the head of the Kenouar tribe, to El Hadj Souleymane Naroua of Hausa customary
background, aged 46 years, for the sum of Two Hundred and Forty Thousand CFA Francs (CFA F
240,000).
9. This transaction was carried out within the context of 'wahiya', a practice obtaining in the Republic of
Niger, which consists of acquiring a young girl, generally under the conditions of servitude, for her to serve
both as domestic servant and concubine. A woman slave who is bought under such conditions is called a
'sadaka', or 'the fifth wife', that is to say, a woman outside those legally married (the number of which
cannot exceed four (4), in accordance with the recommendations of Islam).
10. The 'sadaka' generally carries out the domestic chores and caters for the 'master'. The latter can, at any
time, during the day or night, engage her in sexual relations.
11. One day, while she was working on her master's fields, he came and pounced on her and sexually
abused her. This initial, forced sexual act, was imposed on her under the aforesaid condition, at a time that
when she was still less 13 years old. The Applicant thus often became a victim of violent acts perpetrated
by her master, in cases of presumed or real insubordination.
12. For about nine (9) years, Hadijatou Mani Koraou served in the house of El Hadj Souleymane Naroua,
carrying out all sorts of domestic duties and serving as a concubine for him.
From such relations with her master, four (4) children were born, out of which two (2) survived.
13. On 18 August 2005, El Hadj Souleymane Naroua issued Hadijatou Mani Koraou with a certificate of
emancipation (as a slave). This deed was signed by the beneficiary, the master, and countersigned by the
chief of the village, who affixed his seal thereto.
14. Following the said deed of emancipation, the Applicant decided to leave the house of the man, who not
too long before then, was her master. The latter refused to let her go, upon the grounds that she was and
remained her wife. Nevertheless, upon the pretext of going to visit her sick mother, Hadijatou Mani Koraou
finally left the house of El Hadj Souleymane Naroua.
15. On 14 February 2006, Hadijatou Mani Koraou brought her case before the Konni Civil and Traditional
Court, to assert her desire to regain her total freedom and go and live her life elsewhere.
16. As regards the said request, the Konni Civil and Traditional Court, in its Judgment No. 06 of 20 March
2006, found "that there had never been a marriage in the proper sense of the word, between the Applicant
and El Hadj Souleymane Naroua, because there had never been the payment of any dowry, or any
religious celebration of marriage, and that Hadijatou Mani Koraou was free to start her life all over with any
person of her own choice."
17. El Hadj Souleymane Naroua filed an appeal at the Konni High Court, against the Judgment of the Konni
Civil and Traditional Court. By Ruling No. 30, delivered on 16 June 2006, the Konni High Court reversed
the contested Judgment.
18. The Applicant filed before the Judicial Chamber of the Supreme Court of Niamey, an appeal for the
annulment of the latest decision, by asking for "the application of the law against slavery and
slavery-related practices."
19. On 28 December 2006, the Supreme Court, by Judgment No. 06/06/Cout, quashed the Konni High
Court Ruling, on grounds of violation of Article 5 (4) of Law 2004 - 50 of 22 July 2004 in regard to the
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