The combined effect of Article 9(4) of the Protocol of the Court (as amended),
Article 4(g) of the Revised Treaty and Article 6 of the African Charter on Human
and Peoples’ Rights is that the Plaintiff must invoke the Court’s jurisdiction by:
i.
Establishing that there is a right recognized by Article 6 of the African
Charter on Human and Peoples’ Rights ( or other International Human
Rights Instruments to which the Defendant State is a party) ( words in
parenthesis are ours).
ii.
That this right has been violated by the Defendant
iii.
That there is no action pending before another international Court in
respect of the alleged breach of his rights and
iv.
That there was no previously laid down law that led to the alleged
breach or abuse of his right.
The question that arises is whether the Applicant has sufficiently satisfied these
conditions precedent to invoking the jurisdiction of this Court. The answer is in
the affirmative.
International Human Rights Law aims at protecting individuals from abusive
actions by States and States’ agents.
Where , therefore an individual alleges an infringement by a Member State or its
agents of his right under any international instruments to which the State is a
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