45.The Applicants also recalled several case where the Court ordered the
immediate release of inmates on death row in Nigeria for violation of their
rights. Some of which were personally handled by the first Applicant and
includes:
Gabriel
Inyang
v.
Federal
Republic
of
Nigeria
(ECW/CCJ/APP03/18; Maimuna Abdulmumimi v. Federal Republic of
Nigeria (ECW/CCJ/APP/15/13.
46.On the allegation that they are seeking the Court to sit on an appeal over
their case, they argue that the reliefs claimed is not to invoke an appellate
jurisdiction of the Court.
47. In the circumstances, the Applicants submit that this Court ought to
exercise its jurisdiction over the Application.
Analysis of the Court
48. The jurisdiction of this Court is founded on Article 9(4) of the Protocol
A/P1/7/91 on the Community Court of Justice (as amended by the
Supplementary Protocol), which provides, “The Court has jurisdiction to
determine cases of violation of human rights that occur in any Member
State.”
49.In that wise, the Court has held in a plethora of cases that it will exercise
its powers to hear any application, where there has been an allegation of
human rights violation and where the allegation occurred within the
territory of a Member State.” MR. AMOS BROSIUS v. REPUBLIC OF LIBERIA
ECW/CCJ/JUD/06/20 PAGE 16; See also SAWADOGO PAUL & 3 ORS V.
REPUBLIC OF BURKINA FASO ECW/CCJ/JUD/07/20 PAGE 7.
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