24. This Court had opportunity to apply the two latter provisions stated above in
matters concerning the jurisdiction of the Court in the following cases namelyProfessor Etim Moses Essien v. The Republic of The Gambia and University
of the Gambia Suit No. ECW/CCJ/APP/05/05 and decided on 14TH day of
March 2007; and in Olajide Afolabi v. Federal Republic of Nigeria Suit No.
ECW/CCJ/04, it held thus,
" it is a well established principle of law that a
Court is competent when it is properly constituted
as regards its number and qualifications of the
members
of the
bench,
and no member
is
disqualified for one reason or another; and the
subject matter of the case is within its jurisdiction
and there is no feature in the case which prevents
the Court from exercising its jurisdiction and the
case comes before the Court initiated by due
process of law and upon fulfillment
condition
precedent
to
the
of any
exercise
of
jurisdiction."
25. There is no doubt that the first arm of the condition precedent for assumption
of jurisdiction in this case, as set out above and indicated in Olajide Afolabi's
case supra is not in controversy but the issue relating to the subject matter of this
suit. Is the subject matter within the ambit of the competence of this Court? By the
combined effect of Article 14 of the African Charter on Human and Peoples'
Rights and Article 9(4) of the said Supplementary Protocol, the answer is in the
affirmative in terms of form, in that, once the allegation in the application by the
Applicant/plaintiff lodged in the Registry of the Court is a complaint on violation
of human rights in any form or manner whatsoever, same would be held to be
admissible for adjudication beforourt by virtue of the provisions of Ia: