49.Upon scrutiny, the Application is not anonymous and the Applicant has
not lodged the same matter before another International Court for
adjudication. The Court is therefore, in principle and on the face of it,
declares the Application admissible.
50.All the same, it is worthy to recall that in the Defence against the
Application filed by Hama Amadou, the Republic of Niger invoked res
judicata, which, legally speaking, is a foreclosure (an estoppel).
51.The Court emphasises that res judicata is the sum total of effects
arising from a court decision in such manner as to render the decision
not contestable except under legally open channels.
52.A court decision is binding on the parties and all the courts of justice;
a court decision thus prevents other courts from settling the same
dispute for a second time.
53.However, res judicata only concerns the subject-matter of the decision
made in court.
54.The orders sought must have been made by the same parties and
against the same parties, and must be based on the same cause; what
is asked for from the court must remain the same.
55.Incidentally, the Republic of Niger avers that the present case is exactly
the same as the one Hama Amadou filed before the Honourable Court
(ECW/CCJ/APP/32/15) which was decided on its merits in Judgment
ECW/CCJ/JUD/20/16; the Republic of Niger consequently affirms that
the force of res judicata is applicable.
56. On the contrary, Hama Amadou maintains that the present procedure
is completely different from the first one in the sense that unlike the
first one, he is now invoking violations of: right to security, right to
equality before the law, right regarding violation of the law of nulla
poena sine lege, right to fair hearing, and right to family life.
Translator : E. Nkansah 13