Penheiro SAN V. Republic of Ghana, ECW/CCJ/JUD/11/12 (2012)
UNREPORTED.
In determining whether or not there has been a violation of the above Articles
of the African Charter as alleged, it is pertinent to establish whether or not
the said Ette Community can be classified as “people” within the meaning
described in the African Charter.
The Black’s Law dictionary 2nd Edition defines the word “people” as
follows: “when we speak of the rights of the people, or of the government of
the people by law, or of the people as a non-political aggregate, we mean all
the inhabitants of the state or nation, without distinction as to sex, age, or
otherwise. But when reference is made to the people as the repository
of sovereignty, or as the source of governmental power, or to popular
government, we are in fact speaking of that selected and limited class of
Citizens to whom the constitution accords the elective franchise and the right
of participation in the offices of government.”
Furthermore the Chambers Dictionary 13th Edition gave a more explicit
definition of a “People” thus “people” is defined as a set of persons; a nation;
a Community; a body of persons held together by a common origin, speech,
culture, political union; or by a common leadership, headship etc…”
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