concerned, and that ICESCR did not provide that the rights contained said instrument were justiciable. The the Court Federal has jurisdiction to adjudicate in the Republic of Nigeria added only in cases that regarding the treaties, conventions and protocols of the Economic Community of West African States. 25. The new Article 9(4) of the Protocol on the Court as amended by Supplementary Protocol A/SP.1/01/05 of 19 January 2005 provides: “The Court has jurisdiction to determine cases of violation of human rights that occur in any Member State ~. 26. This provision, which gives jurisdiction to the Court to adjudicate on cases of human rights violation, results from an amendment Protocol A/P1/7/91 this amendment on Democracy on the Community made to the 6 July 1991 Court of Justice. The is Article 39 of the 21 December 2001 and Good Governance, which raison d’étre of Protocol A/SP1/12/01 provides: “Protocol A/P1/7/91 adopted in Abuja on 6 July, 1991 relating to the Community Court of Justice, shall be reviewed so as to give the Court the power to hear, inter-alia, cases relating to violations of human rights...”. 27. When the Member States were adopting the said Protocol, the human they had in view were those contained rights in the international instruments, with no exception whatsover, and they were all signatory to those instruments. Thus attests the preamble of the said Protocol as well as paragraph (h) of its Article 1, which stipulates the principles of constitutional convergence common to the Member Human States, and guaranteed which Peoples’ provides: “The rights set up in the African Charter on Rights in each of the and other ECOWAS international Member instruments States; each shall be individual or organisation shall be free to have recourse to the common or civil law courts, a court of special jurisdiction, or any other national institution established within the framework of an international instrument on Human Rights, to ensure the protection of his/her rights”. 28. Thus, even though ECOWAS recognising human rights, the may not Court’s have adopted human rights a specific protection instrument mandate is exercised with regard to all the international instruments, including the African 9|Page

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