TANDJA Vs. NIGER ECW/CCJ/JUD/05/10; BAKARY SARRE & 28
ORS Vs. REPUBLIC OF MALI ECW/CCJ/ JUD/03/11 (2011 CCJ
ELR); HUSSEIN HABRE Vs. SENEGAL ECW/CCJ/JUD/02/10 of
14th May 2010, paragraph 53, 58 and 59 and the decision in
CENTRE FOR DEMOCRACY AND DEVELOPMENT & 2 ORS
VS.MAMADOU TANDJA & ANOR ECW/CCJ/JUD/05/11
to
invoke the jurisdiction of this Court in this Application.
7. ANALYSIS BY THE COURT.
For the purpose of emphasis, the Defendant brought this Preliminary
Objection challenging the jurisdiction of this Court to entertain the
Application of the Applicant. Their objection is predicated on the ground
that the Applicant’s action was initiated without regard to due process of
law and the reliefs sought by the Applicant were predicated on contempt
of the order of the Defendant’s Municipal Court. They further contended
that the Court also lacked jurisdiction to entertain the Application due to
the pendency of the main case before Nigerian Municipal Courts.
In his reply to the Preliminary Objection, the Applicant stated that his
Application before this Court is not founded or predicated on contempt
of the orders of Nigerian Courts. He maintained that the major issue
before this Court is the detention of the Applicant by the agents of the
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