LEGAL ANALYSIS OF THE COURT:
37. At the Court Session held in Abuja on the 10th December, 2018, both parties
were represented by Counsel. Applicant withdrew the Motion for an Order to
join the Intervener (Mr Chukwuemeka Ekwunife) as the 1st Applicant in the
Amendment of the originating process. In view of the new panel of Judges,
Counsel to the parties adopted all previous processes; and the case was
adjourned to 22nd January 2019 for Judgment.
38. It follows from the withdrawal of the application for an order to join an
intervener and that of the amendment of the originating application by the
Applicant that, the case is between Dexter Oil Limited a company and The
Republic of Liberia a Member State of ECOWAS. After a careful review of the
submissions of the parties, the court distilled the following issues for
determination:
ISSUES FOR DETERMINATION
1. Whether the subject matter of the case is on the violation of
the Human Rights of the Applicant.
2. Whether the Applicant is a proper person to access the Court
under Articles 10 (C) and 10 (d) of the 1991 Protocol on the
Court as amended by Supplementary Protocol 2005.
3. Whether the Applicant’s Right to Property has been violated.
1. Whether the subject matter of the case is on the violation of the
Human Rights of the Applicant.
39. It is trite that jurisdiction is conferred by statute and by the rules and
procedures relating to the establishment of the Court. Article 9 (4) of the 1991
Protocol on the Court as amended by Supplementary Protocol 2005 of the
Community Court of Justice, ECOWAS, prescribes:
“The court has jurisdiction to determine cases of violation of human rights
that occur in any member state”.
40. The Applicant alleges a violation of its right to property by the Respondent
through the unlawful confiscation of the sum of Three Million Dollars
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