appropriate laws.” See DEXTER OIL LIMITED V. REPUBLIC OF LIBERIA NO
ECW/CCJ/JUD/03/19.
83. Even though the requirement for legality is stated as the last condition under
the Article, it is imperative that interference with the right of property must first
satisfy the requirement of legality. The principle of legality is inherent in the Charter
as a whole and must be complied with cumulatively with other conditions of Article
14. This is imperative, as no action can survive on an illegality, which is captured in
the Latin phrase: Ex turpi causa non oritur actio.
84. The Court will now proceed to first address the requirement of legality of the
law that is to say the interference must be in accordance with the law.
85. The purpose of the phrase “in accordance with the law” is to ensure that domestic
legislative or judicial authority limits the scope for arbitrary tampering with rights
by government. The Court amplified this when it held that “…the principle of
legality is a fundamental aspect of all international human rights instruments and
indeed the rule of law in general. It is a basic guarantee against the state’s arbitrary
exercise of its powers. For this reason, any restriction on human rights must be
“provided” or “prescribed” by law.” In FESTUS A.O. OGWUCHE V. FEDERAL
REPUBLIC OF NIGERIA unreported ECW/CCJ/JUD/02/18 @ pg. 23 See also GOGITIDZE AND
OTHERS v. GEORGIA (Application no. 36862/05) STRASBOURG 12 May 2015.
86. The concept of “law” in this context is not confined to domestic legal processes
but admits compliance with international human rights laws that impose
international legal obligations on the state in question based on them being party to
such instrument. The law must be accessible, sufficiently precise, as well as provide
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