stay criminal proceedings brought against a citizen under the domestic
criminal provisions in force at the time of the facts; that according to the
case-law of this Court, the mere mention of international instruments for the
protection of human rights is not sufficient to establish the Court's
jurisdiction, but that jurisdiction often results from the examination of the
application and that is why, when faced with an application, this Court has
already delivered numerous judgments to this effect, declaring itself
incompetent even though the Applicant had invoked legal instruments for
the protection of human rights.
104.
To
substantiate
its
position
the
Respondent
cited
the
ECW/CCJ/JUD/03/05 judgment of October 7, 2005, in the case HON. DR.
JERRY UGOKWE v. THE FEDERAL REPUBLIC OF NIGERIA AND
HON. DR. CHRITIAN OKEKE.
The Applicant in turn, (Doc. 8) refuted the Respondent's arguments,
reiterating the jurisdiction of this Court, stating that what is at issue is the
alleged violation of his human rights.
106. In order to determine the jurisdiction of this Court, it is necessary to
take into account both the legal texts governing its jurisdiction and the nature
of the matter raised by the Applicant, based on the facts as alleged by the
Applicant.
107. Therefore, it is from the analysis of the Applicant's application initiating
proceedings that the Court verifies whether the matter falls within its
jurisdiction.
108. In this sense, this Court ruled in the case BAKARY SARRE AND 28 ORS
V. REPUBLIC OF MALI, Judgment ECW/CCJ/JUD/03/11, in CCJRL 2011,
pag. 67, §25, that: “The competence of the Court to adjudicate in a given
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