The Admissibility of Subregional Courts’ Decisions before the African Commission. ..
247
Meanwhile, the plaintiff sued the Republic of Niger before the ECOWAS
Court of Justice for violation of Articles 1, 2, 3, 5, 6, and 18(3) of the African
Charter.33 Upon request of the plaintiff, the Court transferred its session to
Niamey for hearing.34 Having regard to the Universal Declaration of Human
Rights, the Convention on the Elimination of All Forms of Discrimination
against Women, the Convention relating to Slavery, the Convention relating to
the Abolition of Slavery, Slave Trade and Institutions and Practices Similar to
Slavery, and the African Charter on Human and Peoples’ Rights, the ECOWAS
Court of Justice declared that the plaintiff was a victim of slavery and awarded
her CFA 10,000,000.35 The Court blamed the defendant for inaction of its
administrative and judicial authorities.36
In Registered Trustees of the Socio-Economic Rights & Accountability
Project (SERAP) v Nigeria, the ECOWAS Court of Justice dealt with
admissibility of a case brought against the Federal Republic of Nigeria by
human rights non-governmental organisation registered under the laws of the
defendant. The plaintiff alleged that Nigeria violated Articles 1, 2, 17, 21 and 22
of the African Charter. 37 The ruling of the ECOWAS Court of Justice regarding
jurisdiction was the following:
This court clearly has subject matter jurisdiction over human rights
violations in so far as these are recognized by the African Charter on
Human and Peoples’ Rights, which is adopted by Article 4(g) of the
Revised Treaty of ECOWAS. As the plaintiff s claim is premised on
Articles 1, 2, 17, 21 and 22 of the African Charter on Human and
Peoples’ Rights, the Court does have subject matter jurisdiction of the
suit filed by the plaintiff.38
After asserting its jurisdiction over the case, the Court held that “[i]t is trite law
that this court is empowered to apply the provisions of the African Charter on
Human and Peoples’ Rights and Article 17 thereof guarantees the right to
education. It is well established that the rights guaranteed by the African Charter
on Human and Peoples’ Rights are justiciable before this court”.39 The
ECOWAS Court of Justice has been acclaimed as the first international judicial
33 Ibid,
para 28.
para 31-34.
35 Ibid,para 96.
36 Ibid.
37 Registered Trustees of the Socio-Economic Rights & Accountability Project (SERAP)
v Nigeria (2009) AHRLR 331 (ECOWAS 2009).
38 Ibid, para 13.
39 Ibid, para 19.
34 Ibid,