"A fair trial is not only seen as an additional instrument for the protection of the rights of defence, largo sensu, but also in a political context, where the legislative and jurisdictional activity, the judicial organization, and even the Judicial Institutions of the Signatory State are subjected to scrutiny, as regards requirements of the Community." Professor Thierry Arnaux - Cours sur la Protection des Libertés et Droits Fondamentaux (Course on the Protection of Freedoms and Fundamental Rights), Montchretién. 22. In arguing from this statement, and as applied to the present case, does the fact that the Nigerian Courts invalidated the election of the Applicant constitute a human right violation? The Applicant argued that he had not been given a fair hearing before the Electoral Tribunal. He appealed to the Court of Appeal which confirmed the earlier decision thereby perpetuating the infringement of his right to fair hearing. 23. In the Case Concerning Bryan v. United Kingdom, 22 November 1995, paragraph 44, the European Court held that "A fair trial is a right which does no more than enable an aggrieved person to have recourse to a supra national court, so that the one who governs him may be condemned if the proof of a violation of his rights is established; the court must have jurisdiction to examine the points of fact and of law in the case which has come before it, in order that it may reform it..." In this particular case, does the ECOWAS Court of Justice have the competence to legally entertain the claims of the Applicant when he requests the ECOWAS Court to declare null and void: (i) the proceedings of the national Courts of a Member State of the Community (Nigeria); (ii) or to enjoin the I.N.E.C. of Nigeria to refrain from invalidating his election; (iii) or still, to enjoin the Federal National Assembly of Nigeria not to relieve him of his position as a Member of Parliament? 24. Article 76-2 of the Revised Treaty and Articles 9,10 and 11 set out the extension of the powers of the Court. But the provisions of all these Articles do concern appeals which are only possible within the following contexts: a. Appeals against the legality of acts, instruments and other decisions of the Community; b. Appeals against failings in the obligations of a Member State of the Community; c. Disputes relating to the interpretation and application of the Treaty and related instruments. 25. For clarity, the Defendant and the Intervener raised a serious issue of lack of competence of the Court to adjudicate on the matter. It is trite law that a judgment given without jurisdiction amounts to a nullity no matter how well detailed or conducted the proceedings are. 26. The bone of contention on the issue of lack of jurisdiction relates to the subject matter of the dispute before the Court. Counsel to the defendant argued that the case concerns an election petition under the domain of the national law and the Court of Appeal of Nigeria which concluded on the rights of the parties. The Court of appeal is the final Court in respect of that matter. On the contrary, Counsel to the Applicant was of the view, based on the strength the facts of the case and the complaint about the contravention of fair hearing, emanating from the election petition that the Court of Justice is jurisdictionally competent to deal with the matter. Learned Counsel relied on the provisions of the Supplementary Protocol to substantiate his argument and urged the Court to dismiss the objection and allow the applicant to proceed with the matter. 27. The Court has examined the documentation filed and exchanged by the parties particularly the record of proceedings from the Courts in Nigeria in respect of the adjudication of the matter together with the claims before the Court. There is no doubt that the subject matter relates to an Election matter which ordinarily is subject to the jurisdiction of the National Court. On this note and after a thorough examination of the claim of the Applicant that the clarity of the issue for determination is magnified for the proper understanding that the complaint is in respect of the non compliance with fair hearing in the adjudication of the case before the Election Tribunal and the Court of Appeal that heard the suit. 28. In Articles 9 and 10 of the Supplementary Protocol of the Court regarding the Jurisdiction of the Court or Competence and Access to the Court, these paragraphs of the articles show what areas the competence of the Court extend to. 5