50.In the instant case, the Applicants have specifically alleged that their rights as provided for by Articles 2, 5 and 7 of the African Charter were violated by the Respondent. On the other hand, the Respondent argues that the Applicants’ claims do not fall within the jurisdiction of the Court as provided by Article 9 of the Protocol (as amended by the Supplementary Protocol). 51.The Court will proceed to determine whether the allegations in the Application merits the exercise of jurisdiction of the Court. The Court notes that the Respondent relied solely on Article 9(1) of the Protocol which enumerated the jurisdiction of the Court to adjudicate on disputes relating to the interpretation, application and legality of the ECOWAS Treaty, Conventions, Protocols, directives, decisions and other subsidiary legislation of the Community. 52.It equally notes that the subject matter of the Application is premised on allegation of the violation of Articles of the African Charter including Article 7 on right to fair hearing. The failure of the Applicant to cite the appropriate Article of the Protocol that confers jurisdiction on the Court to hear cases of human right violation which is (Article 9(4)) does not negate the validity of the Application. Indeed, mere allegation of human rights violation suffices to invoke the jurisdiction of the Court. HON. JUSTICE S. E. ALADETOYINBO V. THE FEDERAL REPUBLIC OF NIGERIA ECW/CCJ/JUD/18/20 PAGE 8. 17

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