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Counsel contends that plaintiff alleges the violation of the "spirit and principle" of
the African Charter as well as the Revised Treaty and the Protocols of ECOWAS
without citing a single text which has been violated. Based on the decision in the
Moussa Leo Keita Case (supra), the Court ought to dismiss this application.
32. Counsel also argued that this Court cannot operate as an appellate court to the
courts of 1v1ember States or rule on their decisions. Counsel argued that in the
111oussa Leo Keita Case (supra), this Court stated inter alia that "in this context,
the Court of Justice of the Community is incompetent, "it cannot rule on the
decisions of national courts ". Further, counsel stated that in the case of Alhaji
Ifammani Tidjani v. Federal Republic of Nigeria and Ors (Suit No.
ECW/CCJ/APP/01/06, judgment delivered on 28th June, 2007) this Court stressed
that the plaintiff "had the opportunity to defend himself in accordance with
Nigerian Laws. Admitting this application will mean inte1jering with the
jurisdiction of Nigerian courts in criminal matters 1-vithout justification".
According to counsel, plaintiff had every opportunity to defend the action
instituted against it by Euskalduna de Pesca in accordance with Senegalese laws
and was ably represented by Malick Sall, a lawyer of plaintiff's own choice.
Counsel therefore urged the Court to refrain from admitting this application as it
may lead to reviewing the decisions of the Senegalese courts.
33. Moreover, counsel urged the -Court to dismiss plaintiff's application because it
is full of inconsistencies and fraught with the production of false documents. First,
counsel stated that in Annexure A-.15, the plaintiff claimed that it addressed a letter
to Ambassador Saliou Cisse in Lagos in 2007. However, the Ambassador was not at
that post in 2007. Besides, the Embassy of Senegal had already moved from
Lagos to Abuja in 2007. Again, Annexure 17 contradicts Annexure 15 in the sense
that it was addressed to the defenda11t's Embassy in Abuja in 2005 whilst
Annexure l5 was addressed to defendant's Embassy in Lagos in 2007.
Interestingly, the Embassy of Senegal in 2005 was still at Lagos.
34. Finally, counsel urged the Court to declare the application filed by plaintiff
inadmissible or hold that it Jacks the jurisdiction to entertain same pursuant to
Article 87 of the Court's Rules ru1d its own jurisprudence. Further, counsel urged
the Court to also hold that plaintiffs application fails on tl1e merits. Com1sel also
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