dates regarding its ratione temporis jurisdiction are those of the entry
into force of the Charter (21 October 1986), the Protocol (25 January
2004) as well as that of the deposit at the Secretariat of the Organization
of African Unity by Burkina Faso of the declaration accepting the
jurisdiction of the Court to receive Applications from individuals, (28
July 1998).” (See §62) and it made a clear distinction between
“instantaneous” and “continuous” acts of violation and established that
“the Application of the principle of non-retroactivity of treaties contained
in Article 281 of the Vienna Convention on the Law of Treaties of 23 May
1969 is not contested by the parties. The issue here is to know whether
the different violations alleged by the Applicants would, if proven,
constitute instantaneous or continuous violations of the international
obligations of Burkina Faso in the area of human rights.” (See §63)
129. Also in the case law of this Honorable Court, there are decisions that
point towards the acceptance of the non-retroactive application of the
2005 Protocol and the assumption of its jurisdiction over facts that
generate a situation of continuous and prevailing violation on the date of
entry into force of the said Additional Protocol. (See ALHAJ HAMMANI
TIDJANI V. FEDERAL REPUBLIC OF NIGERIA & 4 OTHERS ECW/CCJ/APP/01/06, Judgment ECW/CCJ/JUD/04/07 (CCJLR 20042009 p…) and SIRIKU ALADE V. FEDERAL REPUBLIC OF
NIGERIA - ECW/CCJ/APP/05/11, Judgment No. ECW/CCJ/JUD/10/12;
CCJ Law Report, 2012, p. 189).
130. More recently, the Court, in the case EVARISTUS DENNIS EGBEBU
V. FEDERAL REPUBLIC Of NIGERIA, Case ECW/CCJ/APP/32/20,
Judgment ECW/JUD/14/21 - Unreported, ruled that “…its jurisdiction to
examine human rights violation cases in ECOWAS Member States from
the 2005 Supplementary Protocol A/SP.1/01 /05 of 19th January 2005,
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