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ECW/CCJ/JUD/24/18 - Engr. Raymond Oguche & Others v Nigeria

ECOWAS Court

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SUMMARY OF FACTS3
Analysis by the Court13
1. WHETHER FROM THE TOTALITY OF FACTS ADDUCED, THIS ACTION AS CONSTITUTED AND CONCEIVED CAN BE ENTERTAINED BY THIS COURT, AND THE RELIEFS SOUGHT GRANTED?14
DECISION27
DECLARES27
AS TO COSTS27

ECW/CCJ/JUD/24/18 - Engr. Raymond Oguche & Others v Nigeria

ECOWAS Court

Preview

ECCJ App no.: ECW/CCJ/APP/11/15

ECCJ Jud No.: ECW/CCJ/JUD/24/18

Type of Document

Judgement

Keywords

Arbitrary Arrest and Detention
Cruel and Degrading Treatment
Economic, Social and Cultural Development
Equality Before the Law
Extra-Judicial Killings
Freedom of Movement
Indigenous Communities
Inter-Tribal Disputes
Internal Displacement
Land Rights
Murder/Assassination
Right to a General Satisfactory Environment
Right to an Identity
Right to Property
Right to Self-Determination

Country

Nigeria

Outcome: Ruled Inadmissible

Year Decided: Jul 4, 2018

African Charter Rights Alleged to be Violated

ACHPR 20.1: Right to existence
ACHPR 22.1: Right to Economic, Social and Cultural Development
ACHPR 24: Right to a General Satisfactory Environment

African Charter Rights Not Violated

ACHPR 20 : Right to Self-Determination
ACHPR 22: Peoples' Right to Economic, Social and Cultural Development

Duration of Procedure: ~ Jul 4, 2018

Country Geolocation

Latitude: 9.081999

Longitude: 8.675277

Country Geolocation (linked ECOWAS Court): Nigeria

Primary Documents

ECW_CCJ_JUD_24_18 Engr. Raymond Oguche & Others v Nigeria.pdf
English
ML TOC
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3. ECW-CCJ-JUD-24-18 - Engr. Raymond Oguche & Others v Nigeria PT.pdf
Portuguese
ML TOC
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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)

Treaty

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

Treaty

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

Treaty

International Covenant on Economic, Social and Cultural Rights ICESCR

Article 1 1. All peoples have the right of self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development. 2. All peoples may, for their own ends, freely dispose of their natural wealth and resources without prejudice to any obligations arising out of international economic co-operation, based upon the principle of mutual benefit, and international law. In no case may a people be deprived of its own means of subsistence. 3. The States Parties to the present Covenant, including those having responsibility for the administration of Non-Self-Governing and Trust Territories, shall promote the realization of the right of self-determination, and shall respect that right, in conformity with the provisions of the Charter of the United Nations.

UN Document

Universal Declaration of Human Rights (UDHR)

1. Everyone has the right freely to participate in the cultural life of the community, to enjoy the arts and to share in scientific advancement and its benefits. 2. Everyone has the right to the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author.

UN Document

Universal Declaration of Human Rights (UDHR)

Article 9 No one shall be subjected to arbitrary arrest, detention or exile.

UN Document

Universal Declaration of Human Rights (UDHR)

2. Everyone has the right to equal access to public service in his country.

UN Document

Universal Declaration of Human Rights (UDHR)

Article 3 Everyone has the right to life, liberty and security of person.

UN Document

Universal Declaration of Human Rights (UDHR)

Article 6 Everyone has the right to recognition everywhere as a person before the law.

UN Document

Universal Declaration of Human Rights (UDHR)

Article 13 1. Everyone has the right to freedom of movement and residence within the borders of each State. 2. Everyone has the right to leave any country, including his own, and to return to his country.

UN Document

Universal Declaration of Human Rights (UDHR)

Article 7 All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination.

UN Document

Universal Declaration of Human Rights (UDHR)

Article 5 No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.

UN Document

Universal Declaration of Human Rights (UDHR)

Article 28 Everyone is entitled to a social and international order in which the rights and freedoms set forth in this Declaration can be fully realized.

UN Document

International Covenant on Civil and Political Rights ICCPR

Article 21. Each State Party to the present Covenant undertakes to respect and to ensure to all individuals within its territory and subject to its jurisdiction the rights recognized in the present Covenant, without distinction of any kind, suchas race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. 2. Where not already provided for by existing legislative or other measures, each State Party to the present Covenant undertakes to take the necessary steps, in accordance with its constitutional processes and with the provisions of the present Covenant, to adopt such laws or other measures as may be necessary to give effect to the rights recognized in the present Covenant. 3. Each State Party to the present Covenant undertakes: (a) To ensure that any person whose rights or freedoms as herein recognized are violated shall have an effective remedy, notwithstanding that the violation has been committed by persons acting in anofficial capacity; (b) To ensure that any person claiming such a remedy shall have his right thereto determined by competent judicial, administrative or legislative authorities, or by any other competent authority provided for by the legal system of theState, and to develop the possibilities of judicial remedy; (c) To ensure that the competent authorities shall enforce such remedies when granted.

UN Document

International Covenant on Civil and Political Rights ICCPR

Article 11. All peoples have the right of self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development. 2. All peoples may, for their own ends, freely dispose of their natural wealth and resources without prejudice to any obligations arising out of international economic co-operation, based upon the principle of mutual benefit, and international law. In no case may a people be deprived of its own means of subsistence. 3. The States Parties to the present Covenant, including those having responsibility for the administration of Non-Self-Governing and Trust Territories, shall promote the realization of the right of self-determination, and shall respect that right, in conformity with the provisions of the Charter of the United Nations.

UN Document

International Covenant on Civil and Political Rights ICCPR

3. Each State Party to the present Covenant undertakes: (a) To ensure that any person whose rights or freedoms as herein recognized are violated shall have an effective remedy, notwithstanding that the violation has been committed by persons acting in an official capacity; (b) To ensure that any person claiming such a remedy shall have his right thereto determined by competent judicial, administrative or legislative authorities, or by any other competent authority provided for by the legal system of the State, and to develop the possibilities of judicial remedy; (c) To ensure that the competent authorities shall enforce such remedies when granted.

UN Document

International Covenant on Civil and Political Rights ICCPR

Article 7 No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. In particular, no one shall be subjected without his free consent to medical or scientific experimentation.

UN Document

International Covenant on Civil and Political Rights ICCPR

Article 121. Everyone lawfully within the territory of a State shall, within that territory, have the right to liberty of movement and freedom to choose his residence. 2. Everyone shall be free to leave any country, including his own. 3. The above-mentioned rights shall not be subject to any restrictions except those which are provided by law, are necessary to protect national security, public order (ordrepublic), public health or morals or the rights and freedoms of others, and are consistent with the other rights recognized in the present Covenant. 4. No one shall be arbitrarily deprived of the right to enter his own country.

UN Document

International Covenant on Civil and Political Rights ICCPR

UN Document

International Covenant on Civil and Political Rights ICCPR

Article 9 1. Everyone has the right to liberty and security of person. No one shall be subjected to arbitrary arrest or detention. No one shall be deprived of his liberty except on such grounds and in accordance with such procedure as are established by law.

UN Document

International Covenant on Civil and Political Rights ICCPR

Article 26 All persons are equal before the law and are entitled without any discrimination to the equal protection of the law. In this respect, the law shall prohibit any discrimination and guarantee to all persons equal and effective protection against discrimination on any ground such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.

UN Document

International Covenant on Civil and Political Rights ICCPR

Article 5 1. Nothing in the present Covenant may be interpreted as implying for any State, group or person any right to engage in any activity or perform any act aimed at the destruction of any of the rights and freedoms recognized herein or at their limitation to a greater extent than is provided for in the present Covenant. 2. There shall be no restriction upon or derogation from any of the fundamental human rights recognized or existing in any State Party to the present Covenant pursuant to law, conventions, regulations or custom on the pretext that the present Covenant does not recognize such rights or that it recognizes them to a lesser extent.

UN Document

International Covenant on Civil and Political Rights ICCPR

Article 3 The States Parties to the present Covenant undertake to ensure the equal right of men and women to the enjoyment of all civil and political rights set forth in the present Covenant.

UN Document

International Covenant on Civil and Political Rights ICCPR

Article 27In those States in which ethnic, religious or linguistic minorities exist, persons belonging to such minorities shall not be denied the right, in community with the other members of their group, to enjoy their own culture, to profess and practise their own religion, or to use their own language.

UN Document

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 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)

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

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

ECOWAS Court

06/12 African Commission on Human and Peoples' rights v Kenya

AfCHPR Decision

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

Treaty

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

Treaty

ECW/CCJ/JUD/02/12 Femi Falana & Anor v Benin & 2 Others

ECOWAS Court

ECW/CCJ/JUD/07/10 Registered Trustees of the Socio-Economic and Accountability Project (SERAP) v Nigeria & anor

ECOWAS Court

Fernandez Ortega et AL. v Mexico

Inter-American Court/Commission Documents

Charter of the United Nations

7. NothingcontainedinthepresentCharter shallauthorizetheUnitedNationstointervenein matterswhichareessentiallywithinthedomestic jurisdictionofanystateorshall requiretheMem- bersto submitsuchmatterstosettlementunder thepresentCharter;hutthisprincipleshallnot prejudicetheapplicationofenforcementmeas·1uesunderChapterVII.

UN Document

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

Treaty

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

Treaty

ECW/CCJ/JUD/05/11 Centre for Democracy and Development & Center for Defence of Human Rights and Democracy v Mamadou Tandja & Niger

ECOWAS Court

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

Article 20 1. 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)

Treaty

Velasquez-Rodriguez v Honduras

Inter-American Court/Commission Documents

Maritza Urrutia v Guatemala

41. However, the State did not communicate expressly its acquiescence to the other claims as established in Article 52(2) of the Rules of Procedure, did not present evidence for the defense, and kept silent with regard to the violations of the rights embodied in Articles 5, 7, 11, 13, 8 and 25 of the American Convention and Articles 1, 6 and 8 of the Inter-American Convention against Torture, which had been alleged in the application and in the brief of requests, arguments and evidence, respectively. During the public hearing, the State asserted that there was no direct evidence to 10show that agents of the State were responsible for the violations committed against the victim. In this respect, the Court considers it appropriate to indicate that, in order to establish that there has been a violation of the rights embodied in the Convention, it is not necessary to determine, as it is under domestic criminal law, the guilt of the authors or their intention, nor is it necessary to identify individually the agents who are attributed with the violations.12

Inter-American Court/Commission Documents

Communication No. 35/1978 Shirin Aumeeruddy-Cziffra and 19 Other Mauritian Women v. Mauritius

UN Document

ECW/CCJ/JUD/03/17 Nosa Ehanire Osaghae & 3 Others (on behalf of Niger Delta people) v Nigeria

ECOWAS Court

Treaties and softlaw only39
- Treaty17
- UN Document22
International cases/decisions10
- ECOWAS Court5
- AfCHPR Decision1
- Inter-American Court/Commission Documents3
- UN Document1
Location1
- Countries (Geolocation) 1

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