sorted by

Date added

30 relationships, 5 entities

10 of 30 hubs

Select target paragraph3

● ● ●

Uwazi is developed by
African Human Rights CLA 2.0
Library
Login

Info
30Relationships

ECW/CCJ/JUD/11/12 Kemi Pinheiro (SAN) v The Republic of Ghana

ECOWAS Court

Search Tips

Search text

Type something in the search box to get some results.

auto-created ⓘ

PRESENTATION OF FACTS AND PROCEDURE: 2
ANALYSIS OF THE COURT 6
CONSEQUENTLY 10
DECISION 11
FOR THESE REASONS 11
COSTS 11

ECW/CCJ/JUD/11/12 Kemi Pinheiro (SAN) v The Republic of Ghana

ECOWAS Court

Preview

ECCJ App no.: ECW/CCJ/APP/07/10

ECCJ Jud No.: ECW/CCJ/JUD/11/12

Type of Document

Judgement

Keywords

Economic, Social and Cultural Development
Freedom of Movement
Right to Self-Determination

Case Headnotes: The Applicant was denied admission into Ghana Law School on the basis that he was not a citizen of Ghana. He filed this suit, claiming a violation of his rights under the ECOWAS Treaty and its Protocols, and the African Charter on Human and Peoples' Rights. The case was dismissed on the grounds that the Applicant lacked locus standi to file an action against an ECOWAS Member State.

Country

Ghana

Outcome: Case Dismissed

Year Decided: Jul 6, 2012

Rights Alleged to be Violated (ECOWAS Treaty)

ECOWAS 2.2: The members of the Community, hereinafter referred to as "the Member States," shall be the States that ratify this treaty.

African Charter Rights Alleged to be Violated

ACHPR 7: Right to Fair Trial
ACHPR 12: Right to Freedom of Movement
ACHPR 20 : Right to Self-Determination
ACHPR 22: Peoples' Right to Economic, Social and Cultural Development
ACHPR 23: Right to National and International Security and Peace

African Charter Rights Violated

None Indicated

Duration of Procedure: Aug 25, 2010 ~ Jul 6, 2012

Country Geolocation

Latitude: 7.946527

Longitude: -1.023194

Country Geolocation (linked ECOWAS Court): Ghana

Primary Documents

2012.07.06_Pinheiro_v_Ghana.pdf
English
ML TOC
Download View

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

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

Article 231. All peoples shall have the right to national and international peace and security. The principles of solidarity and friendly relations implicitly affirmed by the Charter of the United Nations and reaffirmed by that of the Organization of African Unity shall govern relations between States. 2. For the purpose of strengthening peace, solidarity and friendly relations, States parties to the present Charter shall ensure that: (a) any individual enjoying the right of asylum under 12 of the present Charter shall not engage in subversive activities against his country of origin or any other State party to the present Charter; (b) their territories shall not be used as bases for subversive or terrorist activities against the people of any other State party to the present Charter.

Treaty

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

Article 201. All peoples shall have the right to existence. They shall have the unquestionable and inalienable right to self- determination. They shall freely determine their political status and shall pursue their economic and social development according to the policy they have freely chosen.2. Colonized or oppressed peoples shall have the right to free themselves from the bonds of domination by resorting to any means recognized by the international community. 3. All peoples shall have the right to the assistance of the States parties to the present Charter in their liberation struggle against foreign domination, be it political, economic or cultural.

Treaty

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

Article 121. Every individual shall have the right to freedom of movement and residence within the borders of a State provided he abides by the law. 2. Every individual shall have the right to leave any country including his own, and to return to his country. This right may only be subject to restrictions, provided for by law for the protection of national security, law and order, public health or morality. 3. Every individual shall have the right, when persecuted, to seek and obtain asylum in other countries in accordance with laws of those countries and international conventions. 4. A non-national legally admitted in a territory of a State Party to the present Charter, may only be expelled from it by virtue of a decision taken in accordance with the law. 55. The mass expulsion of non-nationals shall be prohibited. Mass expulsion shall be that which is aimed at national, racial, ethnic or religious groups.

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; (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

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 211. All peoples shall freely dispose of their wealth and natural resources. This right shall be exercised in the exclusive interest of the people. In no case shall a people be deprived of it. 72. 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. 3. The free disposal of wealth and natural resources shall be exercised without prejudice to the obligation of promoting international economic cooperation based on mutual respect, equitable exchange and the principles of international law.4. States parties to the present Charter shall individually and collectively exercise the right to free disposal of their wealth and natural resources with a view to strengthening African unity and solidarity. 5. States parties to the present Charter shall undertake to eliminate all forms of foreign economic exploitation particularly that practiced by international monopolies so as to enable their peoples to fully benefit from the advantages derived from their national resources.

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 24All peoples shall have the right to a general satisfactory environment favorable to their development.

Treaty

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

Article 19All peoples shall be equal; they shall enjoy the same respect and shall have the same rights. Nothing shall justify the domination of a people by another.

Treaty

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

Article 171. Every individual shall have the right to education. 2. Every individual may freely, take part in the cultural life of his community. 3.The promotion and protection of morals and traditional values recognized by the 6community shall be the duty of the State.

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

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

Treaty

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

Treaty

ECOWAS Court Rules of Procedure

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

Rules of Procedure

No Label3
- ECOWAS Court3
Location1
- Countries (Geolocation) 1
Treaties and softlaw only26
- Treaty25
- Rules of Procedure1

Create Reference

Select relationship type

Treaties and softlaw only
International cases/decisions
Municipal law
Municipal court decision
Country
Rights Not Violated
Keywords
Outcome
Rights Alleged to be Violated
Rights Violated
Type of Document
Right Not Violated
SADC Treaty Rights Violated
SADC Treaty Rights Not Violated
ACHPR Rights Violated
ACHPR Rights Not Violated
ACHPR Provisions
Cases Referenced
Location

Search Tips

View

Add entities / documents

Search Tips