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INCORPORATED TRUSTEES OF CENTER FOR PEACE AND CONFLICT MANAGEMENT IN AFRICA AND RETHINK AFRICA FOUNDATION & 7 ORS (CONSOLIDATED) - APPLICANTS V. FEDERAL REPUBLIC OF NIGERIA - RESPONDENT COMPOSITION OF THE COURT: Hon. Justice Edward Amoako ASANTE - Presiding Hon. Justice Dupe ATOKI - Member/Judge Rapporteur Hon. Justice Januaria T. Silva Moreira COSTA - Member ASSISTED BY: Mr. Tony ANENE- MAIDOH - Chief Registrar REPRESENTATION OF PARTIES: Noah AJARE Esq. - Counsel for Applicant Maimuna Lami SHIRU (Mrs.) D.O TARFA (Mrs.) Counsel for the Respondent Ekwere-Bello IKEMHE (Mrs. 2

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I. JUDGMENT3
III. INTRODUCTION4
IV. PROCEDURE BEFORE THE COURT5
VI. RESPONDENT’S CASE10

ECW/CCJ/JUD/17/22 - Incorporated Trustees of Center for Peace and Conflict Management & 8 Ors v. Nigeria

ECOWAS Court

Preview

ECCJ App no.: ECW/CCJ/APP/44/18; 46/18; 47/18; 05/19; 06/19; 08/19(Consolidated)

ECCJ Jud No.: ECW/CCJ/JUD/17/22

Type of Document

Judgement

Keywords

Cruel and Degrading Treatment
Freedom from Discrimination
Right to Fair Trial
Torture and Ill Treatment

Country

Nigeria

Outcome: Ruled Inadmissible

Year Decided: Mar 29, 2022

Rights Alleged to be Violated (ECOWAS Treaty)

ECOWAS 4: Fundamental Principles

African Charter Rights Alleged to be Violated

ACHPR 7: Right to Fair Trial
ACHPR 2: Freedom from Discrimination
ACHPR 5: Cruel Inhuman and Degrading Treatment

Duration of Procedure: Jan 25, 2022 ~ Mar 29, 2022

Country Geolocation

Latitude: 9.081999

Longitude: 8.675277

Country Geolocation (linked ECOWAS Court): Nigeria

Primary Documents

JUD-ECW-CCJ-JUD-17-22-Incorporated-Trustees-v.-Fed.-Rep.-of-NIGERIA.pdf
English
ML TOC
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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)

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)

Article 5Every individual shall have the right to the respect of the dignity inherent in a human being and to the recognition of his legal status. All forms of exploitation and degradation of man particularly slavery, slave trade, torture, cruel, inhuman or degrading punishment and treatment shall be prohibited.

Treaty

ECOWAS Court Rules of Procedure

4. To every pleading there shall be annexed a file containing the documents relied on in support of it, together with a schedule listing them.

Rules of Procedure

ECOWAS Court Rules of Procedure

Article 871. A party applying to the Court for a decision on a preliminary objection or other preliminary plea not going to the substance of the case shall make the application by a separate document. 2. The application must state the pleas of fact and law relied on and the form of order sought by the applicant and any supporting documents must be annexed to it. 3. As soon as the application has been lodged, the President shall prescribe a period within which the opposite party may lodge a document containing a statement of the form of order sought by that party and its pleas in law. 4. Unless the Court decides otherwise, the remainder of the proceedings shall be oral. 5. The Court shall, after hearing the parties decide on the application or reserve its decision for the final judgment. If the Court refuses the application or reserves its decision, the President shall prescribe new time limits for the further steps in the proceedings.

Rules of Procedure

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

Treaty

Protocol A/P.I/7/91 on the Community Court of Justice

4. The Court shall have any powers conferred upon it, specifically by the provisions of this Protocol.

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

ECOWAS Court Rules of Procedure

Article 661. A decision as to costs shall be given in the final judgment or in the order, which closes the proceedings.

Rules of Procedure

ECOWAS Court Rules of Procedure

Where each party succeeds on some and fails on other heads, or where the Circumstances are exceptional; the Court may order that the costs be shared or that the parties bear their own costs.

Rules of Procedure

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- Treaty9
- Rules of Procedure4

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