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46. COSTS This Court in line with its Article 66 of the Rules of Procedure makes an award of cost in sum of One Million Naira accordingly. The Ruling is read in public in accordance with the Rules of this Court on this l0th June 2014 at Abuja-Nigeria. HON. JUSTICE HANSINE N. DONLI HON. JUSTICE AWA NANA DABOYA HON. JUSTICE ANTHONY .A. BENIN HON. JUSTICE .H. N. DONLI PRESIDING JUDGE PRESIDING JUDGE MEMBER MEMBER TONY ANENE-MAIDOH CHIEF REGISTRAR 16

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PARTIES2
PROCEDURE2
45. DECISION14

ECW/CCJ/JUD/13/14 Maimuna Abdulmuni v. Nigeria & 2 Ors

ECOWAS Court

Preview

ECCJ App no.: ECW/CCJ/APP/15/13

ECCJ Jud No.: ECW/CCJ/JUD/13/14

Type of Document

Judgement

Keywords

Best Interest of the Child
Child Abuse/Exploitation
Child Marriage
Children in conflict with the law
Cruel and Degrading Treatment
Death Sentence
Detention Facilities/Conditions
Extra-Judicial Killings
Juvenile Delinquency
Murder/Assassination
Pregnant women / mothers (with infant) in conflict with the law
Right to Dignity
Right to Education
Right to Fair Trial
Right to Life
Rights and Welfare of the Child
Sexual and Gender Based Violence
Torture and Ill Treatment
Women in prison
Women's Rights

Country

Nigeria

Outcome: Decided on Merits

Year Decided: Jun 10, 2014

Rights Alleged to be Violated (ECOWAS Treaty)

ECOWAS 4g: Recognition, promotion and protection of human and peoples' rights

African Charter Rights Alleged to be Violated

ACHPR 7: Right to Fair Trial
ACHPR 17: Right to Education
ACHPR 5: Cruel Inhuman and Degrading Treatment
ACHPR 7.1.c: Right to Defence

Duration of Procedure: Aug 13, 2013 ~ Jun 10, 2014

Country Geolocation

Latitude: 9.081999

Longitude: 8.675277

Country Geolocation (linked ECOWAS Court): Nigeria

Primary Documents

JUD-ECW-CCJ-JUD-13-14-Maimuna Abdulmuni v. Fed Rep of NIGERIA-10_06_14-vA.pdf
English
ML TOC
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ECOWAS Court Rules of Procedure

Article 321. The original of every pleading must be signed by the party's agent or lawyer. The original, accompanied by all annexes referred to therein, shall be lodged together with five copies for the Court and a copy for every other party to the proceedings. The party lodging them in accordance with Article 11 of the Protocol shall certify copies. 2. Institutions shall in addition produce, within time limits laid down by the Court, translations of all pleadings into the other languages provided for by Article 25(1) of these Rules. 3. All pleadings shall bear a date. In the reckoning of time limits for taking steps in proceedings, only the date of lodgment at the Registry shall be taken into account. 4. To every pleading there shall be annexed a file containing the documents relied on in support of it, together with a schedule listing them. 5. Where in view of the length of a document only extracts from it are annexed to the pleading, the whole document or a full copy of it shall be lodged at the Registry. 6. Without prejudice to the provisions of paragraphs 1 to 5, the date on which a copy of the signed original of a pleading, including the schedule of documents referred to in paragraph 4, is received at the Registry by telefax or other technical means of communication available to the Court shall be deemed to be the date of lodgment for the purposes of compliance with the time- limits for taking steps in proceedings, provided that the signed original of the pleading, accompanied by the annexes and copies referred to in the second subparagraph of paragraph 1 above, is lodged at the Registry no later than ten days thereafter.

Rules of Procedure

ECOWAS Court Rules of Procedure

Article 331. An application of the kind referred to in Article 11 of the Protocol shall state: (a) the name and address of the applicant; (b) the designation of the party against whom the application is made; (c) the subject- matter of the proceedings and a summary of the pleas in law on which the application is based; (d) the form of order sought by the applicant; (e) where appropriate, the nature of any evidence offered in support. 2. For the purpose of the proceedings, the application shall state an address for service in the place where the Court has its seat and the name of the person who is authorized and has expressed willingness to accept service. 3. In addition to, or instead of, specifying an address for service as referred to in the first subparagraph; the application may state that the lawyer or agent agrees that service is to be effected on him by telefax or other technical means of communication. 4. If the application does not comply with the requirements referred to in the first and second subparagraphs, all service on the party concerned for the purpose of the proceedings shall be effected, for so long as the defect has not been cured, by registered letter addressed to the agent or lawyer of that party. By way of derogation from Article 77(1), service shall then be deemed to be duly effected by the lodging of the registered letter at the post office of the place where the Court has its seat. 5. The application shall be accompanied, where appropriate, by the documents Specified in the first paragraph of Article 15 of the protocol. 6. If the application does not comply with the requirements set out in paragraphs 1 to 4 of this Article, the Chief Registrar shall prescribe a period not more than thirty days within which the applicant is to comply with them whether by putting the application itself in order or by producing any of the above-mentioned documents. 7. If the applicant fails to put the application in order or to produce the required documents within the time prescribed, the Court shall, after hearing the party, decide whether the non-compliance with these conditions renders the application formally inadmissible.

Rules of Procedure

ECOWAS Court Rules of Procedure

3. Under the expedited procedure, the originating application and the defense may be supplemented by a reply and a rejoinder only if the President considers this to be necessary.

Rules of Procedure

ECOWAS Court Rules of Procedure

rticle 791. An application under Article 20 of the Protocol shall state the subject- matter of the proceedings, the circumstances giving rise to urgency and the pleas of fact and law establishing a prima facie case for the interim measures applied for. 2. The application shall be made by a separate document and in accordance with the provisions of Articles 32 and 33 of these Rules.

Rules of Procedure

ECOWAS Court Rules of Procedure

Article 591. On application by the applicant or the defendant, the President may exceptionally decide, on the basis of the facts before him and after hearing the other party, that a case is to be determined pursuant to an expedited procedure derogating from the provisions of these Rules, where the particular urgency of the case requires the Court shall give its ruling with the minimum of delay.

Rules of Procedure

African Charter on Human and Peoples' Rights (Banjul Charter)

rticle 5Every individual shall have the right to the respect of the dignity inherent in a human being and to the recognition of his legal status. All forms of exploitation and degradation of man particularly slavery, slave trade, torture, cruel, inhuman or degrading punishment and treatment shall be prohibited.

Treaty

ECOWAS Court Rules of Procedure

7. Without prejudice to rules, the parties may supplement their arguments and offer further evidence in the course of the oral procedure. They must, however, give reasons for the delay in offering such further evidence.

Rules of Procedure

Supplementary Protocol A/SP.1/01/05 Amending the Preamble and Articles 1, 2, 9 and 30 of Protocol A/P.1/7/91 Relating to the Community Court of Justice and Article 4 Paragraph 1 of the English Version of the Said Protocol (ECOWAS Court Supplementary Protocol 2005)

The Court has jurisdiction to determine case of violation of human rights that occur in any Member State.

Treaty

ECOWAS Court Rules of Procedure

Rules of Procedure

ECOWAS Court Rules of Procedure

Rules of Procedure

African Charter on Human and Peoples' Rights (Banjul Charter)

Article 71.Every individual shall have the right to have his cause heard. This comprises: (a) the right to an appeal to competent national organs against acts of violating his fundamental rights as recognized and guaranteed by conventions, laws, regulations and customs in force; (b) the right to be presumed innocent until proved guilty by a competent court or tribunal; (c) the right to defense, including the right to be defended by counsel of his choice; (d) the right to be tried within a reasonable time by an impartial court or tribunal. 2.No one may be condemned for an act or omission which did not constitute a legally punishable offence at the time it was committed. No penalty may be inflicted for an offence for which no provision was made at the time it was committed. Punishment is personal and can be imposed only on the offender.

Treaty

African Charter on the Rights and Welfare of the Child

ARTICLE 17: ADMINISTRATION OF JUVENILE JUSTICE1. Every child accused or found guilty of having infringed penal law shall have the right to special treatment in a manner consistent with the child’s sense of dignity and worth and which reinforces the child’s respect for human rights and fundamental freedoms of others.2. States Parties to the present Charter shall in particular:(a) ensure that no child who is detained or imprisoned or otherwise deprived of his/her liberty is subjected to torture, inhuman or degrading treatment or punishment;(b) ensure that children are separated from adults in their place of detention or imprisonment;(c) ensure that every child accused in infringing the penal law:(i) shall be presumed innocent until duly recognized guilty;(ii) shall be informed promptly in a language that he understands and in detail of the charge against him, and shall be entitled to the assistance of an interpreter if he or she cannot understand the language used;(iii) shall be afforded legal and other appropriate assistance in the preparation and presentation of his defense;(iv) shall have the matter determined as speedily as possible by an impartial tribunal and if found guilty, be entitled to an appeal by a higher tribunal;(d) prohibit the press and the public from trial.3. The essential aim of treatment of every child during the trial and also if found guilty of infringing the penal law shall be his or her reformation, re-integration into his or her family and social rehabilitation.4. There shall be a minimum age below which children shall be presumed not to have the capacity to infringe the penal law.

Treaty

African Charter on the Rights and Welfare of the Child

ARTICLE 5: SURVIVAL AND DEVELOPMENT1. Every child has an inherent right to life. This right shall be protected by law.2. States Parties to the present Charter shall ensure, to the maximum extent possible, the survival, protection and development of the child.3. Death sentence shall not be pronounced for crimes committed by children.

Treaty

African Charter on the Rights and Welfare of the Child

ARTICLE 30: CHILDREN OF IMPRISONED MOTHERS1. States Parties to the present Charter shall undertake to provide special treatment to expectant mothers and to mothers of infants and young children who have been accused or found guilty of infringing the penal law and shall in particular:(a) ensure that a non-custodial sentence will always be first considered when sentencing such mothers;(b) establish and promote measures alternative to institutional confinement for the treatment of such mothers;(c) establish special alternative institutions for holding such mothers; (d) ensure that a mother shall not be imprisoned with her child;(e) ensure that a death sentence shall not be imposed on such mothers;(f) the essential aim of the penitentiary system will be the reformation, the integration of the mother to the family and social rehabilitation

Treaty

African Charter on the Rights and Welfare of the Child

Treaty

African Charter on Human and Peoples' Rights (Banjul Charter)

Treaty

ECOWAS Revised treaty

ARTICLE4FUNDAMENTALPRINCIPLESTHE HIGH CONTRACTINGPARTIES,in pursuit of the objectives stated in Article 3of thisTreaty,solemnly affirm and declare their adherence to the following principles:a)equalityandinter-dependenceofMemberStates;b)solidarityandcollectiveself-reliance;c)inter-Stateco-operation,harmonisationof policiesand integrationof programmes; ECOWASREVISEDTREATYd)non-aggression between Member States;e)maintenanceof regional peace, stability and security through the promotion andstrengtheningofgoodneighbourliness;f)peaceful settlement of disputes among Member States,activeco-operation betweenneighbouring countries and promotion of a peacefulenvironmentas a prerequisitefor economic development;g)recognition,promotionandprotectionof humanand peoples' rights in accordancewith the provisions of the African Charter on Human and Peoples' Rights;h)accountability, economic and social justice and popularparticipationindevelopment;i)recognitionandobservanceof therulesandprinciplesof theCommunity;j)promotionandconsolidationofademocraticsystemofgovernanceineachMemberStateasenvisagedbytheDeclarationofPoliticalPrinciplesadoptedinAbujaon6 July, 1991; andk)equitableandjustdistributionofthecostsandbenefitsofeconomicco-operationand integration.

Treaty

African Charter on Human and Peoples' Rights (Banjul Charter)

Treaty

African Charter on Human and Peoples' Rights (Banjul Charter)

Treaty

African Charter on Human and Peoples' Rights (Banjul Charter)

Treaty

International Covenant on Civil and Political Rights ICCPR

Article 61. Every human being has the inherent right to life. This right shall be protected by law. No one shall be arbitrarily deprived of his life. 2. In countries which have not abolished the death penalty, sentence of death may be imposed only for the most serious crimes in accordance with the law in force at the time of the commission of the crime and not contrary to the provisions of the present Covenant and to the Convention on the Prevention and Punishment of the Crime of Genocide. This penalty can only be carried out pursuant to a final judgement rendered by a competent court. 3. When deprivation of life constitutes the crime of genocide, it is understood that nothing in this article shall authorize any State Party to the present Covenant to derogate in any way from any obligation assumed under the provisions of the Convention on the Prevention and Punishment of the Crime of Genocide. 4. Anyone sentenced to death shall have the right to seek pardon or commutation of the sentence. Amnesty, pardon or commutation of the sentence of death may be granted in all cases. 5. Sentence of death shall not be imposed for crimes committed by persons below eighteen years of age and shall not be carried out on pregnant women. 6. Nothing in this article shall be invoked to delay or to prevent the abolition of capital punishment by any State Party to the present Covenant.

UN Document

African Charter on Human and Peoples' Rights (Banjul Charter)

Article 4Human beings are inviolable. Every human being shall be entitled to respect for his life and the integrity of his person. No one may be arbitrarily deprived of this right.

Treaty

International Covenant on Civil and Political Rights ICCPR

UN Document

Principles and Guidelines on the right to Fair Trail and Legal Assistance in Africa

10)Appeala)Everyone convicted in a criminal proceeding shall have the right to review of his or her conviction and sentence by a higher tribunal. (i)The right to appeal shall provide a genuine and timely review of the case, including the facts and the law. If exculpatory evidence is discovered after a person is tried and convicted, the right to appeal or some other post-conviction procedure shall permit the possibility of correcting the verdict if the new evidence would have been likely to change the verdict, unless it is proved that the non-disclosure of the unknown fact in time is wholly or partly attributable to the accused. (ii)A judicial body shall stay execution of any sentence while the case is on appeal to a higher tribunal. b)Anyone sentenced to death shall have the right to appeal to a judicial body of higher jurisdiction, and States should take steps to ensure that such appeals become mandatory. c)When a person has by a final decision been convicted of a criminal offence and when subsequently his or her conviction has been reversed or he or she has been pardoned on the ground that a new or newly discovered fact shows conclusively that there has been a miscarriage of justice, the person who has suffered punishment as a result of such conviction shall be compensated according to law. d)Every person convicted of a crime has a right to seek pardon or commutation of sentence. Clemency, commutation of sentence, amnesty or pardon may be granted in all cases of capital punishment.

ACHPR Soft Law

African Charter on the Rights and Welfare of the Child

3. Death sentence shall not be pronounced for crimes committed by children

Treaty

African Charter on the Rights and Welfare of the Child

Treaty

International Covenant on Civil and Political Rights ICCPR

5. Sentence of death shall not be imposed for crimes committed by persons below eighteen years of age and shall not be carried out on pregnant women.

UN Document

African Charter on the Rights and Welfare of the Child

3. Death sentence shall not be pronounced for crimes committed by children.

Treaty

African Charter on the Rights and Welfare of the Child

3. Death sentence shall not be pronounced for crimes committed by children.

Treaty

African Charter on the Rights and Welfare of the Child

Treaty

African Charter on the Rights and Welfare of the Child

Treaty

International Covenant on Civil and Political Rights ICCPR

Article 10 1. All persons deprived of their liberty shall be treated with humanity and with respect for the inherent dignity of the human person. 2. (a) Accused persons shall, save in exceptional circumstances, be segregated from convicted persons and shall be subject to separate treatment appropriate to their status as unconvicted persons; (b) Accused juvenile persons shall be separated from adults and brought as speedily as possible for adjudication. 3. The penitentiary system shall comprise treatment of prisoners the essential aim of which shall be their reformation and social rehabilitation. Juvenile offenders shall be segregated from adults and be accorded treatment appropriate to their age and legal status

UN Document

International Covenant on Civil and Political Rights ICCPR

UN Document

African Charter on the Rights and Welfare of the Child

Treaty

African Charter on the Rights and Welfare of the Child

Treaty

African Charter on the Rights and Welfare of the Child

Treaty

African Charter on the Rights and Welfare of the Child

Treaty

African Charter on the Rights and Welfare of the Child

Treaty

African Charter on Human and Peoples' Rights (Banjul Charter)

Treaty

UN Res. 43/173 Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment (UN MSR 1988)

UN Document

UN Res. 43/173 Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment (UN MSR 1988)

UN Document

Supplementary Protocol A/SP.1/01/05 Amending the Preamble and Articles 1, 2, 9 and 30 of Protocol A/P.1/7/91 Relating to the Community Court of Justice and Article 4 Paragraph 1 of the English Version of the Said Protocol (ECOWAS Court Supplementary Protocol 2005)

“Article 10: Access to the Court. Access to the Court is open to the following: a) Member States, and unless otherwise provided in a Protocol, the Executive Secretary, where action is brought for failure by a Member state to fulfill an obligation; b) Member States, the Council of Ministers and the Executive Secretary in proceeding for the determination of the legality of an action in relation to any community text; c) Individuals and corporate bodies in proceedings from the determination of an act or inaction of a Community official which violates the rights of the individuals or corporate bodies; d) Individuals on application for relief for violation of their human rights; the submission of application for which shall: i. Not be anonymous; nor ii. Be made whilst the same matter has been instituted before another International Court for adjudication; e) Staff of any Community institution, after the Staff Member has exhausted all appeal processes available to the officer under the ECOWAS Staff Rules and Regulations; f) Where in any action before a court of a Member State, an issue arises as to the interpretation of a provision of the Treaty, or the other Protocols or Regulations, the national court may on its own or at the request of any of the parties to the action refer the issue to the Court for interpretation.”

Treaty

ECOWAS Revised treaty

g)recognition,promotionandprotectionof humanand peoples' rights in accordancewith the provisions of the African Charter on Human and Peoples' Rights;

Treaty

African Charter on Human and Peoples' Rights (Banjul Charter)

Treaty

African Charter on the Rights and Welfare of the Child

Treaty

African Charter on the Rights and Welfare of the Child

Treaty

African Charter on the Rights and Welfare of the Child

3. Death sentence shall not be pronounced for crimes committed by children.

Treaty

African Charter on the Rights and Welfare of the Child

Treaty

African Charter on the Rights and Welfare of the Child

Treaty

African Charter on the Rights and Welfare of the Child

3. Death sentence shall not be pronounced for crimes committed by children.

Treaty

African Charter on Human and Peoples' Rights (Banjul Charter)

Treaty

African Charter on Human and Peoples' Rights (Banjul Charter)

Treaty

African Charter on Human and Peoples' Rights (Banjul Charter)

Article 4Human beings are inviolable. Every human being shall be entitled to respect for his life and the integrity of his person. No one may be arbitrarily deprived of this right.

Treaty

Principles and Guidelines on the right to Fair Trail and Legal Assistance in Africa

ACHPR Soft Law

African Charter on the Rights and Welfare of the Child

Treaty

International Covenant on Civil and Political Rights ICCPR

5. Sentence of death shall not be imposed for crimes committed by persons below eighteen years of age and shall not be carried out on pregnant women.

UN Document

African Charter on the Rights and Welfare of the Child

3. Death sentence shall not be pronounced for crimes committed by children.

Treaty

African Charter on the Rights and Welfare of the Child

Treaty

African Charter on the Rights and Welfare of the Child

Treaty

African Charter on Human and Peoples' Rights (Banjul Charter)

Treaty

ECOWAS Revised treaty

g)recognition,promotionandprotectionof humanand peoples' rights in accordancewith the provisions of the African Charter on Human and Peoples' Rights;

Treaty

Protocol A/P.I/7/91 on the Community Court of Justice

Article 20: Provisional Measures and InstructionsThe Court, each time a case is brought before it, may order any provisional measures or issue any provisional instructions which it may consider necessary or desirable.

Treaty

International Covenant on Civil and Political Rights ICCPR

5. Sentence of death shall not be imposed for crimes committed by persons below eighteen years of age and shall not be carried out on pregnant women.

UN Document

African Charter on the Rights and Welfare of the Child

3. Death sentence shall not be pronounced for crimes committed by children.

Treaty

African Charter on the Rights and Welfare of the Child

3. Death sentence shall not be pronounced for crimes committed by children.

Treaty

African Charter on the Rights and Welfare of the Child

3. Death sentence shall not be pronounced for crimes committed by children.

Treaty

ECOWAS Court Rules of Procedure

Article 661. A decision as to costs shall be given in the final judgment or in the order, which closes the proceedings. 2. The unsuccessful party shall be ordered to pay the costs if they have been applied for in the successful party's pleadings. 3. Where there are several unsuccessful parties the Court shall decide how the costs are to be shared. 4. Where each party succeeds on some and fails on other heads, or where the Circumstances are exceptional; the Court may order that the costs be shared or that the parties bear their own costs. 5. The Court may order a party, even if successful, to pay costs which the Court considers that party to have unreasonably or vexatious caused the opposite party to incur. 6. The Member States and institutions which intervene in the proceedings shall bear their own costs. 7. The Court may order an intervener other than those mentioned in the preceding subparagraphs to bear his own costs. 8. A party who discontinues or withdraws from proceedings shall be ordered to pay the costs if they have been applied for in the other party's observations on the discontinuance. 9. However, upon application by the party who discontinues or withdraws from proceedings, the costs shall be borne by the other party if this appears justified by the conduct of that party. 10. Where the parties have come to an agreement on costs, the decision as to costs shall be in accordance with that agreement. 11. If costs are not claimed, the parties shall bear their own costs. 12. Where a case does not proceed to judgment the costs shall be in the discretion of the Court.

Rules of Procedure

Rules of the Court of Justice of the Economic Community of West African States

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- Treaty48
- UN Document9
- ACHPR Soft Law2
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