AKEEM
v.
REPUBLIC
FEDERAL
OF
NIGERIA,
Ruling
Nº
ECW/CCJ/RUL/05/11, CCJRL (2011), pag. 121 ff.)
113. This position of the Court has been permanently reaffirmed in a plethora
of judgments, making it indisputable that, in a case, the mere allegation of
violation of human rights is sufficient to trigger the jurisdiction of this Court
and it will assume jurisdiction without necessarily examining the veracity of
the claim. (See the case DR. GEORGE S. BOLEY v. REPUBLIC OF
LIBERIA & 4 ORS, Judgment No. ECW/CCJ/JUD/24/19 §27).
114. Furthermore, in relation to the aforementioned Article 9 (4), this Court,
in the case SAWADOGO PAUL & 3 ORS v. REPUBLIC OF BURKINA
FASO, Judgment No. ECW/CCJ/JUD/07/20 §2 ruled that “From the above
provision, it is pertinent that two conditions must be met before the Court
can exercise jurisdiction over na application brought
before it for
consideration- a) there must be an allegation of human rights violation and;
b) such violation must have occurred within the territorial jurisdiction of the
Member State against which the application was brought.”
115. In the instant case, the Applicant grounds his application on alleged
violation of his human rights, namely, those under Article 7(1) of the African
Charter, Article 10 of the UDHR, Article 14(1), 1st and 2nd sentences and
Article 14(3)(b) of the ICCPR on account of the Special Committee of the
Togolese National Assembly established on March 10, 2020; under Article
9(2) of the African Charter and Article 19 of the UDHR on account of the
dean of investigating judges of Lomé First Class Court of First Instance;
under Article 9(2) of the UDHR and Article 6, in fine, of the African Charter
on account of agents of the Criminal Intelligence and Investigations Service
(SCRIC) of the national gendarmerie.
116. Contrary to the Respondent's allegation, the Applicant has not merely
made a reference to international instruments protecting human rights, but
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