application and whether the pleas in-law and evidence produced essentially
go to establish such violation.”
73.
The jurisdiction of this Court is governed by Article 9 of Protocol
A/P1/7/91 on the Court, as amended by Supplementary Protocol
A/SP.1/01/05.
74.
Paragraph 4 of the said Article 9 provides that:
“The Court has jurisdiction to determine cases of human rights violations
occurring in any member state.”
75.
It is the case law of this Court that its jurisdiction cannot be called into
question wherever the facts relied upon relate to human rights. (See the cases
HISSÈNE HABRÉ v. REPUBLIQUE DU SENEGAL, Judgment No.
ECW/CCJ/RUL/03/2010, CCJRL (2010) p. 43, § 53-61; MAMADOU
TANDJA
v.
REPUBLIQUE
DU
NIGER,
Judgment
No.
ECW/CCJ/JUD/05/10, CCJRL (2011) p. 105 ff.; PRIVATE ALIMU AKEEM
v. FEDERAL REPUBLIC OF NIGERIA, Ruling No. ECW/CCJ/RUL/05/11,
CCJRL (2011) p. 121 ff.)
76.
This position of the Court has been permanently reaffirmed in a
plethora of cases, making it indisputable that in a case, the mere allegation
of a 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 allegation. (See the case DR. GEORGE S. BOLEY v.
REPUBLIC OF LIBERIA & 4 ORS, Judgment No. ECW/CCJ/JUD/24/19
§27).
77.
Also, in relation to the said Article 9(4), this Court, in the case
SAWADOGO PAUL & 3 ORS v. REPUBLIC OF BURKINA FASO,
Judgment No. ECW/CCJ/JUD/07/20 §21 stated that: “From the above
provision, it is pertinent that two conditions must be met before the Court
can exercise jurisdiction over an application brought before it for
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