57.The Court must conduct a critical analysis of the facts, so as to
determine if in the instant case, there is indeed res judicata.
58.The first procedure, Suit No. ECW/CCJ/APP/32/15, was between Hama
Amadou, as Applicant, and the Republic of Niger, as Defendant.
59.The present procedure, ECW/CCJ/APP/19/17, is between Hama
Amadou, as Applicant, and the Republic of Niger, as Defendant.
60.The two suits therefore involve the same Parties coming before the
Court, in their same respective capacities.
61.The following facts can be gathered from the judgment delivered on
the first case, as delivered by the Court:
- The Applicant, former President of the National Assembly of Niger, filed a
case before the Court for human rights violation;
- Initially an ally of the government in place, after the 2011 elections, he
had to leave the political alliance, following internal disagreements
regarding the alliance. He contends that during the month of February
2014, various measures were taken by the government authorities
primarily aimed at stripping him of police protection. But of special note
is that in the month of June 2014, and after the press had reported on a
big case of child trafficking, whose principal transit points were located in
the Republic of Benin, the Republic of Niger and the Federal Republic of
Nigeria, police investigations led to the indictment of the Applicant’s wife,
and subsequently the Applicant himself, in connection with the case.
Inquiries were thus launched against them, and on 22 June 2014, Mrs.
Hama Amadou was summoned for questioning; she was placed in police
custody and accused of fraudulent sale of children to women who were
not their biological mothers, forgery and use of forged documents and
criminal association;
- On 15 September 2014, the Prosecutor brings the matter before the dean
of investigating judges, for trial proceedings to be instituted against Hama
Amadou, under the same counts of charges;
Translator : E. Nkansah 14