JUDGMENT
1. The Applicant, Mr. Kemi Pinhero, is a lawyer and Community .citizen of Nigerian
nationality. The Defendant, The Republic of Ghana, is a Member State of ECOWAS.
2. On the 25th August, 2010, the Applicant filed an application against the Defendant
pursuant to Articles 7, 12, 20, 22, and 23 of the African Charter on Human and Peoples'
Rights; Article 1 of Protocol A/P.3/5/82 ofthe ECOWAS Protocol on Free Movement of
Persons, Right of Residence and Establishment; and Articles 1, 2, and 12 of the
ECOWAS Protocol A/SP .1215190 on Free Movement of Persons, Rights of Residence and
Establishment. In the application, the Applicant sought for the following reliefs:
a) A DECLARATION that the Ghana Law School of the Republic of Ghana in
denying the Plaintiff access to qualifying examinations violated the priticiples
enshrined in Article 2, paragraph 2 ofthe ECOWAS Treaty.
b) A DECLARATION that the Ghana Law School willfully deprived the Plaintiff his
right of establishment as guaranteed by Article 1 and 2 of the Supplementary
Protocol A/SP 215190 and a fortiori is in violation of Articles 20 and 22 of the
African Charter on Human and Peoples' Rights and therefore is illegal, null and void.
c) AN ORDER mandating the Ghana Law School to allow the immediate participation
of the Applicant in its entrance qualifying examination.
PRESENTATION OF FACTS AND PROCEDURE:
3. The Republic of Ghana is signatory to the African Charter on Human and Peoples'
Rights.
4. The Plaintiff is a Community citizen by virtue of Article 1( 1) (a) of the Protocol
A/P3/5/83 which particularly describes who a citizen is; and by virtue of the fact that he
has an ECOWAS passport, with passport number AOl 017374.
5. The Plaintiff is a Nigerian citizen and a Senior Advocate of Nigeria, and a Principal
Partner ofPinheiro & Company, a firm of Legal Practitioners.
6. Sometime in February 2009, the Plaintiff, interested in establishing a branch of his Law
firm in Ghana, was informed of the requirements to practice Law in that country. Having
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