Analysis of the Court
68.The Court notes that the relevant provision on limitation of time to file a
complaint of human rights violation is three years as enshrined in the
English version of Article 9(3) of the Protocol (as amended by the
Supplementary Protocol A/SP/01/05). However, the Court recalls that
having observed a discrepancy between the wordings of this Article in the
English and French versions, it resolved to adopt the French version which
is the original text of the Protocol and in which actions against Member
State being statute barred after three (3) years is missing.
69.Consequently, the current position of the Court is that its previous decisions
which declared inadmissible actions brought against Member States for
violation of human rights after three years were decided per incuriam.
Accordingly, actions alleging violation of human rights against Member
States is not subject to time limitation. See FEDERATION OF AFRICAN
JOURNALISTS
&
4
ORS
V.
THE
REPUBLIC
OF
THE
GAMBIA
ECW/CCJ/JUD/04/18(UNREPORTED) PG. 19-22.
70.The Court has thereafter upheld above decision finding no reason to depart
from its earlier judgment that an applicant cannot be barred from instituting
an action on violation of human right based on the effluxion of time.
AIRCRAFTWOMAN BEAUTY IGBOBIE UZEZI V THE FEDERAL REPUBLIC OF
NIGERIA RULING NO. ECW/CCJ/RUL/01/21, PAGE 23-25.
71.Therefore, in the instant case, the Court equally adopts its earlier decisions
and holds that the Application being one that alleges the violation of human
rights, is not statute barred.
22