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delivered on 16th December, 2010) and Hadijatou Mani Koraou v. Republic of
Niger (supra) that the exhaustion of local remedies is not a condition precedent for
the institution of an action for the relief of violation of human rights before it.
Therefore, a plaintiff is not obliged to exhaust local remedies in order to have
access to this Court.
42. Finally, defendant argued that plaintiff cannot come to this Com1for the relief
of human rights violations under Article 1 0 (d) of the 1991 Protocol as amended by
the 2005 Supplementary Protocol since the provisions thereof inure to the benefit of
individuals only, to the exclusion of corporate bodies like the plaintiff.
Defendant continued that it is Article 1 0 (c) which avails itself to both individuals
and corporate bodies but that is only in proceedings against Community Officials
for the determination of an act or inaction which violates the rights of the
individuals or corporate bodies concerned.
43. In response, the plaintiff argued that under Article 9 of the 1991 Protocol as
amended, this Court has jurisdiction over any matter relating to the interpretation
of the ECOWAS Revised Treaty, Protocols, Conventions and subsidiary legislation
of ECOV/AS. Further, counsel contended that Article 10(c) of the 1991 Protocol as
amended provided right of access to individuals and corporate bodies to approach
this Court in proceedings for the determination of an act or inaction of a
Community Official which Violates the rights of the individual or corporate bodies.
The Court also has jurisdiction over human rights violations that occur in Member
States.44. It is trite learning that jurisdiction is confe1Ted by statute. This Court was
created by the Revised Treaty of ECUWAS. The jurisdiction of this Com1and its
competence in various spheres aye clearly spelt out in the Protocols on this Court.
Article 9 deals with the jurisdiction of the Court. Under Article 9( 4) the Court has
jurisdiction to determine cases of human rights abuse that occur in any Member
State. Article 10 governs the right of access to the Court. It prescribes clearly who
can access the Court and the relevant causes that they can prosecute before it. A
careful reading of Article 10 reveals that access to the Court is open to the
following:
1. Member States
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