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ECW/CCJ/JUD/24/19 Dr. George S. Boley v. Liberia & 3 Ors

ECOWAS Court

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PARTIES2
APPLICANTS CASE:2
SUMMARY OF PLEAS IN LAW OF APPLICANT:4
i) not be anonymous; nor4
ii) be made whilst the same matter has been instituted before another International court for adjudication.4
ORDERS SOUGHT BY APPLICANT.5
THE RESPONDENTS CASE:6
SUMMARY OF THE PLEAS IN LAW OF RESPONDENT:7
ORDER SOUGHT BY THE RESPONDENTS:8
ANALYSIS OF THE COURT.9
1. WHETHER THE APPLICATION IS ADMISSIBLE BY THE COURT.9
2. WHETHER THE APPLICANT HAVING RESIGNED CAN STILL CLAIM THE STATUS OF A “FORMER” MEMBER OF THE TRANSITIONAL COUNCIL.9
3. WHETHER IF ISSUE [2] ABOVE IS RESOLVED IN THE AFFIRMATIVE, THE APPLICANT IS ENTITLED TO HIS CLAIMS.9
26. WHETHER THE APPLICATION IS ADMISSIBLE BY THE COURT.10
“The court has jurisdiction to determine cases of violation of human rights that occur in any member state.”10
1010
29. WHETHER THE APPLICANT HAVING RESIGNED CAN STILL CLAIM THE STATUS OF A “FORMER” MEMBER OF THE TRANSITIONAL COUNCIL.11
1414
“Appropriate diplomatic, protocol, accommodation, courtesy and facilities, and;”16
44. WHETHER IF ISSUE [2] ABOVE IS RESOLVED IN THE AFFIRMATIVE, THE APPLICANT IS ENTITLED TO HIS CLAIMS.17
DECLARES:32
ORDERS:33
DISMISSES;34

ECW/CCJ/JUD/24/19 Dr. George S. Boley v. Liberia & 3 Ors

ECOWAS Court

Preview

ECCJ App no.: ECW/CCJ/APP/46/17

ECCJ Jud No.: ECW/CCJ/JUD/24/19

Type of Document

Judgement

Keywords

Civil and Political Rights
Damages and Compensation
Democracy
Elections / Referendums
Equality
Equality Before the Law
Freedom from Discrimination
Immunity / Privileges (Diplomatic, Presidential, Parliamentary, etc)
Protection of Family and Vulnerable Groups
Reparations / Remedies
Right to Dignity
Right to Health
Right to Life
Right to Property
Transitional Justice
Workers' Rights

Country

Liberia

Year Decided: Jun 28, 2019

African Charter Rights Alleged to be Violated

ACHPR 1: General Obligations
ACHPR 19: Right of All Peoples to Equality and Rights
ACHPR 2: Freedom from Discrimination
ACHPR 3: Right to Equality before the Law and Equal Protection of the Law
ACHPR 3:2: Every individual shall be entitled to equal protection of the law.
ACHPR 4: Right to Life and Integrity

African Charter Rights Violated

ACHPR 14: Right to Property

African Charter Rights Not Violated

ACHPR 2: Freedom from Discrimination
ACHPR 4: Right to Life and Integrity

Duration of Procedure: Dec 18, 2017 ~ Jun 28, 2019

Country Geolocation

Latitude: 6.428055

Longitude: -9.429499000000002

Country Geolocation (linked ECOWAS Court): Liberia

Primary Documents

ECW_CCJ_JUD_24_19.pdf
English
ML TOC
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ECW_CCJ_JUD_24_19 Dr. George S. Boley v. Nigeria & 3 Ors - PT.pdf
Portuguese
ML TOC
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Supplementary Protocol A/SP.1/01/05 Amending the Preamble and Articles 1, 2, 9 and 30 of Protocol A/P.1/7/91 Relating to the Community Court of Justice and Article 4 Paragraph 1 of the English Version of the Said Protocol (ECOWAS Court Supplementary Protocol 2005)

Article 1:References in the Protocol to the Treaty of 28th May 1975 reconciled with references in the Revised Treaty of 1993. All references to the Articles of the Treaty of 28th May 1975 in the Protocol relating to the Community Court of Justice are hereby deleted and replaced by references to the revised ECOWAS Treaty adopted on 24th July 1993 as follows: a) In the Preamble, references to Articles 4(1), 5, 11 and 56 of the Treaty are replaced by Articles 6, 7, 15 and 76(2) of the revised Treaty respectively; b) In Article 1, references to Articles 1, 5, 6, 8(1), 8(2) and 11 of the Treaty are replaced by Articles 2, 7, 10, 17(1), 17(2) 15 of the revised Treaty respectively; c) In Article 2, the reference to Article 11 of the Treaty is replaced by Article 15 of the revised Treaty; and d) In Article 9, the reference to Article 56 of the Treaty by Article 76(2) of the revised Treaty.

Treaty

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

Article 1The Member States of the Organization of African Unity parties to the present Charter shall recognize the rights, duties and freedoms enshrined in this Chapter and shall undertake to adopt legislative or other measures to give effect to them.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. 3Article 31.Every individual shall be equal before the law. 2.Every individual shall be entitled to equal protection of the law. Article 4Human beings are inviolable. Every human being shall be entitled to respect for his life and the integrity of his person. No one may be arbitrarily deprived of this right.

Treaty

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

Article 19All peoples shall be equal; they shall enjoy the same respect and shall have the same rights. Nothing shall justify the domination of a people by another.

Treaty

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

UN Document

Universal Declaration of Human Rights (UDHR)

UN Document

Universal Declaration of Human Rights (UDHR)

Article 22 Everyone, as a member of society, has the right to social security and is entitled to realization, through national effort and international co-operation and in accordance with the organization and resources of each State, of the economic, social and cultural rights indispensable for his dignity and the free development of his personality.

UN Document

International Covenant on Economic, Social and Cultural Rights ICESCR

Article 9 The States Parties to the present Covenant recognize the right of everyone to social security, including social insurance.

UN Document

International Covenant on Economic, Social and Cultural Rights ICESCR

UN Document

International Covenant on Economic, Social and Cultural Rights ICESCR

Article 11 1. The States Parties to the present Covenant recognize the right of everyone to an adequate standard of living for himself and his family, including adequate food, clothing and housing, and to the continuous improvement of living conditions. The States Parties will take appropriate steps to ensure the realization of this right, recognizing to this effect the essential importance of international co-operation based on free consent. 2. The States Parties to the present Covenant, recognizing the fundamental right of everyone to be free from hunger, shall take, individually and through international co-operation, the measures, including specific programmes, which are needed: (a) To improve methods of production, conservation and distribution of food by making full use of technical and scientific knowledge, by disseminating knowledge of the principles of nutrition and by developing or reforming agrarian systems in such a way as to achieve the most efficient development and utilization of natural resources; (b) Taking into account the problems of both food-importing and food-exporting countries, to ensure an equitable distribution of world food supplies in relation to need.

UN Document

Supplementary Protocol A/SP.1/01/05 Amending the Preamble and Articles 1, 2, 9 and 30 of Protocol A/P.1/7/91 Relating to the Community Court of Justice and Article 4 Paragraph 1 of the English Version of the Said Protocol (ECOWAS Court Supplementary Protocol 2005)

4. The Court has jurisdiction to determine case of violation of human rights that occur in any Member State.

Treaty

Supplementary Protocol A/SP.1/01/05 Amending the Preamble and Articles 1, 2, 9 and 30 of Protocol A/P.1/7/91 Relating to the Community Court of Justice and Article 4 Paragraph 1 of the English Version of the Said Protocol (ECOWAS Court Supplementary Protocol 2005)

d) Individuals on application for relief for violation of their human rights; the submission of application for which shall: i. Not be anonymous; nor ii. Be made whilst the same matter has been instituted before another International Court for adjudication;

Treaty

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

Article 19All peoples shall be equal; they shall enjoy the same respect and shall have the same rights. Nothing shall justify the domination of a people by another.

Treaty

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

Treaty

Universal Declaration of Human Rights (UDHR)

Article 25 1. Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control. 2. Motherhood and childhood are entitled to special care and assistance. All children, whether born in or out of wedlock, shall enjoy the same social protection.

UN Document

International Covenant on Economic, Social and Cultural Rights ICESCR

UN Document

ECW/CCJ/JUD/03/07 Moussa Léo Kéita v. Mali

ECOWAS Court

ECW/CCJ/JUD/19/15 Hope Democratic Party & Alhaji Haruna Yahaya Shaba v Nigeria & 5 Others

ECOWAS Court

ECW/CCJ/JUD/5/16 Malachi Z. York v Liberia

ECOWAS Court

Universal Declaration of Human Rights (UDHR)

UN Document

Universal Declaration of Human Rights (UDHR)

Article 2 Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. Furthermore, no distinction shall be made on the basis of the political, jurisdictional or international status of the country or territory to which a person belongs, whether it be independent, trust, non-self-governing or under any other limitation of sovereignty.

UN Document

Universal Declaration of Human Rights (UDHR)

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)

UN Document

International Covenant on Economic, Social and Cultural Rights ICESCR

UN Document

International Covenant on Economic, Social and Cultural Rights ICESCR

UN Document

International Covenant on Economic, Social and Cultural Rights ICESCR

Article 9 The States Parties to the present Covenant recognize the right of everyone to social security, including social insurance.

UN Document

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

Article 19All peoples shall be equal; they shall enjoy the same respect and shall have the same rights. Nothing shall justify the domination of a people by another.

Treaty

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

Treaty

Universal Declaration of Human Rights (UDHR)

UN Document

Universal Declaration of Human Rights (UDHR)

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)

UN Document

International Covenant on Economic, Social and Cultural Rights ICESCR

UN Document

International Covenant on Economic, Social and Cultural Rights ICESCR

Article 9 The States Parties to the present Covenant recognize the right of everyone to social security, including social insurance.

UN Document

International Covenant on Economic, Social and Cultural Rights ICESCR

UN Document

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

Article 19All peoples shall be equal; they shall enjoy the same respect and shall have the same rights. Nothing shall justify the domination of a people by another.

Treaty

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

Treaty

Universal Declaration of Human Rights (UDHR)

UN Document

International Covenant on Economic, Social and Cultural Rights ICESCR

Article 9 The States Parties to the present Covenant recognize the right of everyone to social security, including social insurance.

UN Document

International Covenant on Economic, Social and Cultural Rights ICESCR

UN Document

Universal Declaration of Human Rights (UDHR)

UN Document

Universal Declaration of Human Rights (UDHR)

UN Document

International Covenant on Economic, Social and Cultural Rights ICESCR

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

Supplementary Protocol A/SP.1/01/05 Amending the Preamble and Articles 1, 2, 9 and 30 of Protocol A/P.1/7/91 Relating to the Community Court of Justice and Article 4 Paragraph 1 of the English Version of the Said Protocol (ECOWAS Court Supplementary Protocol 2005)

4. The Court has jurisdiction to determine case of violation of human rights that occur in any Member State.

Treaty

ECW/CCJ/JUD/13/19 Karim Meissa Wade v Senegal

ECOWAS Court

ECW/CCJ/JUD/03/11 Bakary Sarre & 28 Ors v Ministry of Justice of Mali & Republic of Mali

ECOWAS Court

ECW/CCJ/JUD/16/14 SERAP & 10 Ors v. Nigeria & 4 Ors

ECOWAS Court

ECW/CCJ/JUD/19/17 His Excellency the Vice-President Alhaji Samuel Sam-Sumana v. Sierra Leone

ECOWAS Court

ECW/CCJ/JUD/03/11 Bakary Sarre & 28 Ors v Ministry of Justice of Mali & Republic of Mali

ECOWAS Court

International Covenant on Economic, Social and Cultural Rights ICESCR

21. Each State Party to the present Covenant undertakes to take steps, individually and through international assistance and co-operation, especially economic and technical, to the maximum of its available resources, with a view to achieving progressively the full realization of the rights recognized in the present Covenant by all appropriate means, including particularly the adoption of legislative measures. 2. The States Parties to the present Covenant undertake to guarantee that the rights enunciated in the present Covenant will be exercised without discrimination of any kind as to race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. 3. Developing countries, with due regard to human rights and their national economy, may determine to what extent they would guarantee the economic rights recognized in the present Covenant to non-nationals.

UN Document

International Covenant on Economic, Social and Cultural Rights ICESCR

Article 9 The States Parties to the present Covenant recognize the right of everyone to social security, including social insurance.

UN Document

Universal Declaration of Human Rights (UDHR)

rticle 25 1. Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.

UN Document

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 4Human beings are inviolable. Every human being shall be entitled to respect for his life and the integrity of his person. No one may be arbitrarily deprived of this right.

Treaty

Universal Declaration of Human Rights (UDHR)

UN Document

International Covenant on Economic, Social and Cultural Rights ICESCR

UN Document

Universal Declaration of Human Rights (UDHR)

UN Document

International Covenant on Economic, Social and Cultural Rights ICESCR

Article 9 The States Parties to the present Covenant recognize the right of everyone to social security, including social insurance.

UN Document

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

Article 14The right to property shall be guaranteed. It may only be encroached upon in the interest of public need or in the general interest of the community and in accordance with the provisions of appropriate laws.

Treaty

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

Treaty

Universal Declaration of Human Rights (UDHR)

UN Document

International Covenant on Economic, Social and Cultural Rights ICESCR

UN Document

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

Treaty

Universal Declaration of Human Rights (UDHR)

UN Document

Universal Declaration of Human Rights (UDHR)

UN Document

Universal Declaration of Human Rights (UDHR)

UN Document

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

Treaty

International Covenant on Economic, Social and Cultural Rights ICESCR

Article 2 21. Each State Party to the present Covenant undertakes to take steps, individually and through international assistance and co-operation, especially economic and technical, to the maximum of its available resources, with a view to achieving progressively the full realization of the rights recognized in the present Covenant by all appropriate means, including particularly the adoption of legislative measures. 2. The States Parties to the present Covenant undertake to guarantee that the rights enunciated in the present Covenant will be exercised without discrimination of any kind as to race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. 3. Developing countries, with due regard to human rights and their national economy, may determine to what extent they would guarantee the economic rights recognized in the present Covenant to non-nationals.

UN Document

Universal Declaration of Human Rights (UDHR)

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 4 No one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in all their forms.

UN Document

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

Treaty

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

rticle 14The right to property shall be guaranteed. It may only be encroached upon in the interest of public need or in the general interest of the community and in accordance with the provisions of appropriate laws.

Treaty

ECW/CCJ/JUD/20/19 - Registered Trustees of Association of Former TELECOM Employees of Nigeria & Pastor Oluti Aremu Gabriel v. Nigeria & Attorney General of Nigeria

ECOWAS Court

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/13/12 Badini Salfo v. Burkina Faso

ECOWAS Court

ECW/CCJ/JUD/05/09 - National Co-ordinating Group of Departmental Representatives of the Cocoa-Coffee Sector (CNDD) v. Côte d'Ivoire

ECOWAS Court

ECW/CCJ/JUD/05/07 Etim Moses Essien v Republic of Gambia & anor

ECOWAS Court

006/2012 - African Commission on Human and Peoples’ Rights v the Republic of Kenya - Judgment

AfCHPR Decision

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

Treaty

European Convention on Human Rights

ARTICLE 14Prohibition of discriminationThe enjoyment of the rights and freedoms set forth in this Convention shall be secured without discrimination on any ground such as sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status.

Treaty

International Covenant on Civil and Political Rights ICCPR

Article 141. All persons shall be equal before the courts and tribunals. In the determination of any criminal charge against him, or of his rights and obligations in a suit at law, everyone shall be entitled to a fair and public hearing by a competent, independent and impartial tribunal established by law. The press and the public may be excluded from all or part of a trial for reasons of morals, public order (ordre public) or national security in a democratic society, or when the interest of the private lives of the parties so requires, or to the extent strictly necessary in the opinion of the court in special circumstances where publicity would prejudice the interests of justice; but any judgement rendered in a criminal case or in a suit at law shall be made public except where the interest of juvenile persons otherwise requires or the proceedings concern matrimonial disputes or the guardianship of children. 2. Everyone charged with a criminal offence shall have the right to be presumed innocent until proved guilty according to law. 3. In the determination of any criminal charge against him, everyone shall be entitled to the following minimum guarantees, in full equality: (a) To be informed promptly and in detail in a language which he understands of the nature and cause of the charge against him; (b) To have adequate time and facilities for the preparation of his defence and to communicate with counsel of his own choosing; (c) To be tried without undue delay; (d) To be tried in his presence, and to defend himself in person or through legalassistance of his own choosing; to be informed, if he does not have legal assistance, of this right; and to have legal assistance assigned to him, in any case where the interests of justice so require, and without payment by him in any such case if he does not have sufficient means to pay for it; (e) To examine, or have examined, the witnesses against him and to obtain the attendance and examination of witnesses on his behalf under the same conditions as witnesses against him; (f) To have the free assistance of an interpreter if he cannot understand or speak the language used in court; (g) Not to be compelled to testify against himself or to confess guilt. 4. In the case of juvenile persons, the procedure shall be such as will take account of their age and the desirability of promoting their rehabilitation. 5. Everyone convicted of a crime shall have the right to his conviction and sentence being reviewed by a higher tribunal according to law. 6. When a person has by a final decision been convicted of a criminal offence and when subsequently his conviction has been reversed or he has been pardoned on the ground that a new or newly discovered fact shows conclusively that there has been a miscarriage of justice, the person whohas suffered punishment as a result of such conviction shall be compensated according to law, unless it is proved that the non-disclosure of the unknown fact in time is wholly or partly attributable to him. 7. No one shall be liable to be tried or punished again for an offence for which he has already been finally convicted or acquitted in accordance with the law and penal procedure of each country.

UN Document

ECW/CCJ/JUD/20/19 - Registered Trustees of Association of Former TELECOM Employees of Nigeria & Pastor Oluti Aremu Gabriel v. Nigeria & Attorney General of Nigeria

ECOWAS Court

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

Article 4Human beings are inviolable. Every human being shall be entitled to respect for his life and the integrity of his person. No one may be arbitrarily deprived of this right.

Treaty

International Covenant on Economic, Social and Cultural Rights ICESCR

Article 9 The States Parties to the present Covenant recognize the right of everyone to social security, including social insurance.

UN Document

Universal Declaration of Human Rights (UDHR)

UN Document

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

Treaty

Universal Declaration of Human Rights (UDHR)

UN Document

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

Treaty

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Treaties and softlaw only78
- Treaty28
- UN Document50
International cases/decisions15
- ECOWAS Court13
- UN Document1
- AfCHPR Decision1
Location1
- Countries (Geolocation) 1

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