“Once human rights violations which involves international or community
obligations of a member state is alleged, it will exercise its jurisdiction over
the case.”
This position is further supported by the decision of the Court in SERAP V. FRN & 4
ORS, (2014) ECW/CCJ/JUD/16/14 where this court held that:
“the mere allegation that there has been a violation of human rights
in the territory of a member state is sufficient prima facie to justify
the jurisdiction of this court on the dispute, surely without any
prejudice to the substance and merits of the complaint which has to
be determined only after the parties have been given the
opportunity to present their case, with full guarantees of fair trial.”
See also the case of His Excellency Vice-President Alhaji Samuel Sam-Sumana v.
Republic of Sierra Leone.-SUIT NO: ECW/CCJ/APP/38/16 and JUD NO:
ECW/CCJ/JUD/19/17 (At page 14 of the judgment) and Mamadou Tandja (2010)
CCJELR pg. 109 & Bakare Sarre & 28 Ors v. Mali (2011) (CCJELR) pg. 57.
28.Based on the above jurisprudence, and being satisfied that the case is premised on
the allegation of violation of human rights, the Court holds that the case is
admissible.
The Court will now proceeds to analyse the second issue for determination which is
29.WHETHER THE APPLICANT HAVING RESIGNED CAN STILL CLAIM THE STATUS OF A
“FORMER” MEMBER OF THE TRANSITIONAL COUNCIL.
The Applicant avers that he served in the transitional government as a Vice
Chairman of the Transitional Council of the Republic Liberia by virtue of which he
is entitled to a retirement benefit and all the other privileges provided for in The
Retirement Benefit Act. It is the case of the Applicant that he resigned his position
in the former transition council three months before the end of his tenure to
contest election in accordance with the provisions of the Abuja Accord of
19thAugust, 1995.
30.The further contention of the Applicant is that his Diplomatic Passport which is a
benefit under the retirement Act has consistently been renewed since 1997 to the
date of commencement of this action. Indeed according to him, the last renewal
was dated 04/24/2017 with an expiration date of 04/23/2019. The case of the
Applicant is that his resignation from the Transitional Council does not affect his
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