32.It can be deduced from the provisions of Article 9(4) of Supplementary
Protocol A/SP.1/01/05 amending Protocol A/P.1/7/91 on the
Community Court of Justice, that the Court has jurisdiction to
determine cases of violation of human rights that occur in any Member
State.
33.In that light, the Applicant invokes violation of human rights under
Article 9 of the 19 January 2005 Protocol, alleging that he is a victim of
that violation.
34.In several cases, including Mamadou Tandja v. Niger and El Hadj
Aboubacar Tijani v. BCEAO, the Honourable Court declares that for the
Court to uphold its human rights mandate, citing human rights
violation suffices.
35.It is apparent from the Initiating Application that Hama Amadou is
asking the Court to declare that the Republic of Niger violated the
provisions of: Article 9 of the International Covenant on Civil and
Political Rights (ICCPR) and Article 6 of the African Charter on Human
and Peoples’ Rights (ACHPR) regarding right to security; Article 26 of
ICCPR and Article 3 of ACHPR regarding equality before the law; Article
15(1) of ICCPR and Article 7(2) of ACHPR regarding the law of nulla
poena sine lege; Article 14 of ICCPR and Article 7 of ACHPR regarding
the right to fair hearing; Article 13 of ACHPR regarding the right to
participate freely in the government of his country; Articles 17 and
23(1) of ICCPR and Article 18 of ACHPR regarding the right to family
life.
36.He further asks the Court to: find that the charges laid against him
were made without legal basis and in violation of the principles of fair
trial, and order the Republic of Niger to refrain from implementing the
decision made, and derive all the legal consequences thereof, capable
of depriving him of his rights, either as a litigant or as a citizen, as
stipulated in texts subscribed to by the Republic of Niger on human
rights; to restore him back to his original situation in which he would
have found himself, had the said violations not occurred.
Translator : E. Nkansah 10