Establishme~t
of an African Court on Human and Peoples' Rights (hereinafter
referred to as "the Protocol") on 16 August, 2005. It deposited on 10 March,
2011 a Declaration under Article 34(6) of the Protocol, accepting the jurisdiction
of the Court to receive cases from individuals and Non-Governmental
Organisations.
II.
SUBJECT OF THE APPLICATION
3.
On 16 January, 2017, the Applicant filed a matter which was subsequently
registered
as Application
No.
001/2017.
The
Application
arises
from
engineering financial services the Applicant alleges to have provided to the
Respondent State pursuant to an agreement for securing funds for the
rehabilitation of the Accra and Kumasi Sports Stadia for the Confederation of
the African Cup of Nations Tournament of 2008.
4.
The Applicant alleges that, by not respecting the terms of the agreement
regarding the afore-mentioned services, the Respondent State violated the
following rights provided under the Charter:
a)
Enjoyment of rights and freedoms recognised in the Charter without
distinction (Article 2 of the Charter);
b)
Equality before the law and equal protection of the law (Article 3 of the
Charter);and
c)
5.
Right to fair trial (Article 7 of the Charter).
In the course of the proceedings before this Court, on 4 July, 2017, the
Applicant applied for Provisional Measures to order the Respondent State to
stay the execution of a Judgment of 8 June, 2017 of the Supreme Court
requiring him to refund Ghana Cedi 51,283,480.59 to the Respondent State,
following a finding that the procurement process relating to which the payments
were made for the services was unconstitutional.
2