The jurisdiction depends on the nature of the question brought to the Court by the
applicant, based on the facts claimed by him/her.
In this case, the applicant's petition is based on claims of a series of acts, which, imputed
to the defendant, were found to violate his human right to the free movement of
persons and goods guaranteed by the African Charter on Human and Peoples' Rights
and by the Universal Declaration of Human Rights.
Pursuant to Article 9 (4) of the Supplementary Protocol, which establishes that: "The
Court has jurisdiction to determine case of violation of human rights that occur in any
Member State."; And of article 10 (d) of the same law where it is stated that: "Can
consult the court: ... Individuals on application for relief for violation of their human
rights... ", this Court has jurisdiction to hear cases of Human Rights violations occurring
in its Member States.
That is a case-law of this Court that its competence can not be questioned when the
claimed facts are related to Human Rigths. Cf. the judgments ECW/CCJ/JUD/05/10 of
14th March pronounced on the case ECW/CCJ/APP/07/08 between Hissène Habré and
the Republic of Senegal, ECW/CCJ/RUL/032/2010 of 8 November 2010, pronounced in
the case ECW/CCJ/APP/05/09 case between Mamadou Tandja and the Republic of
Niger; No. ECW/CCJ/RUL/05/11 pronounced in the case ECW/CCJ/APP/03/09 between
Private Alimu AKeem, against the Federal Republic of Nigeria).
The present action is based on the violation of legal instruments ratified by ECOWAS
Member States, which binds them and imposes on them the duty to respect and protect
the rights therein proclaimed.- Cf. Judgment No ECW/CCJ/APP/01/09 pronounced in the
Proceeding ECW/CCJ/APP/01/09 on the case Amazou Henri against the Republic of Côte
d'Ivoire.
The facts claimed in the application initiating proceedings were considered by the
applicant as grounds of violation of his human rights guaranteed by the legal
instruments of which the Defendant State is a party, namely the African Charter on
Human and Peoples' Rights and the Universal Declaration of Human Rights.
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