from their monthly salaries and building of canteens in all the 36 locations where
the NITEL/MTEL offices were situated. In reinforcing their claims, the Applicants
placed reliance on Articles 4, 5, 6, 7, 12, 13, 14, 15, 17(2) & (b), 18 (2), 19, 20, 21,
22, 24, 25, 27, 29 (7), 45 (1), 60 & 61 of the African Charter as well as certain
provisions of the Respondent’s 1999 Constitution (as amended).
12. For purposes of clarity, the above articles relate to the right to life, respect for
dignity, right to liberty, right to be heard, freedom of movement, right to property,
right to work, right to participate in the cultural life of the community, right of a
family to be assisted by the state, right to equality, right to existence, right to
dispose of wealth and natural resources, right to economic, social and cultural
development, right to national and international peace and security, right to
general satisfactory environment, the respect of rights and freedoms contained in
the Charter, duties of individual towards his family, society and state and the duty
to preserve and strengthen positive African cultural values respectively.
13. In considering the facts of the present application vis-à-vis the provisions relied
upon, it is apparent that the bone of contention is alleged infringement on the
Plaintiffs’ physical assets acquired while in the service of the Respondent and nonpayment of their emoluments and retirement benefits, in that regard the Court
finds that the only relevant article from the above referred articles is Article 14
which deal with the right to property.
Article 14 of the African Charter on Human and Peoples’ Rights provides:
“The right to property shall be guaranteed. It may only be encroached
upon in the interest of public need or in the general interest of the
community and in accordance with the provisions of appropriate laws”
14. In determining whether the Applicants claim entails property rights it is
imperative to ask the question what is property? In other words do all the claims
of the Applicant qualify to be classified as property?
In CENTRO EUROPA 7 S.R.L. AND DI STEFANO v. ITALY (Application no. 38433/09)
JUDGMENT STRASBOURG 7 June 2012, the ECHR held that:
“In considering the provisions of Article 1 of Protocol No. 1 of the European
Court of Human Rights, the concept of property or possession is very
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