53.Having found that the Application is premised on an allegation of violation
of human rights, the Court dismisses the objection of the Respondent in
this wise and holds that it has jurisdiction to adjudicate over the Application
On the Court sitting on appeal over decisions of national courts
54.The Respondent also objects to the jurisdiction of the Court on the basis
that the Applicants are seeking the Court to sit on appeal over the decisions
of the national courts of the Respondent, which convicted them.
55.In their response, the Applicants state that they do not intend that the Court
sits on appeal over the decisions of the domestic courts. They submit that
it is clear from the reliefs claimed in their Application that they have not
invoked an appellate jurisdiction of the Court and consequently, the
Respondent’s submissions in that regard are totally irrelevant and should
be dismissed.
*******
56.The Court recalls that it has in its plethora of cases affirmed that it has no
jurisdiction to examine or sit on appeal on the decisions of national courts
and cannot reverse the decision of a national Court. So where the subjectmatter of the dispute essentially has to do with re-examining of judgments
already delivered by domestic courts, the matter will be dismissed. See
MADAM ISABELLA MANAVI AMEGANVI & ORS V. THE REPUBLIC OF
TOGO JUDGMENT NO ECW/CCJ/JUG/06/12 PAGE 6. AND PTE ALIMU AKEEM
V. REPUBLIC OF NIGERIA ECW/CCJ/JUD/01/14 PAGE 10.
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