This article is clear in its context as preventing discrimination based on the above
listed grounds against which the facts of the Applicant will be examined
51. Lastly, the Applicant alleged the violation of Article 20 (a) of the 1986 Liberian
Constitution which reads thus:
“No person shall be deprived of life, liberty, security of the person,
property, privilege or any other right except as the outcome of a
hearing judgment consistent with the provisions laid down in this
Constitution and in accordance with due process of law. Justice shall
be done without sale, denial or delay; and in all cases not arising in
courts not of record, under courts martial and upon impeachment,
the parties shall have the right to trial by jury.”
With regards to the above, most of the rights guaranteed therein except the right
to property are equally captured in the various articles earlier cited. The Court
notes that the right to property is also provided for in Article 14 of the ACHPR as
thus;
“The right to property shall be guaranteed. It may only be
encroached upon in the interest of public need or in the general
interest of the community and in accordance with the provisions of
appropriate laws”
52. The allegation of the violation of the Applicant’s human rights under the above
international human rights instrument cited can be summarized as follows:
1. Violation of the right to life and dignity contrary to Article 4 of the ACHPR.
2. Violation of the right to a standard of living adequate for the Health and wellbeing including food, clothing, housing and medical care contrary to Articles
25 of the UDHR and 11 of the ICESCR Section 20 (a) of the 1986 Liberian
Constitution .
3. Violation of the right to social security and dignity contrary to Articles 22 of
the UDHR and 9 of the ICESCR.
4. Violation of the right to property contrary to Article 14 of the ACHPR and 20
(a) of the 1986 Liberian Constitution.
20