5. Violation of Applicant’s rights as enshrined in Article 20(a) of the 1986
Liberian Constitution on the rights of property.
6. Violation of Applicant’s rights as provided for in An Act to Provide for
Retirement Benefits for Former Interim President, Chairman, and Vice
Chairman of the Council of State, Speakers, Deputy Speakers and Members
of the Transitional Legislative Assembly, Chief Justices and Associate Justices
of the Supreme Court.
SUMMARY OF PLEAS IN LAW OF APPLICANT:
9. The Applicant submitted that Articles 9(4) of the 1991 Protocol and 10(d) of the
Supplementary Protocol on the Court of Justice (A/SP.1/01/05) support the
competence of the Community Court of Justice in any application filed by individuals
which alleges human rights violation:
Article 9(4):
The court has jurisdiction to determine cases of violation of human rights
that occur in any member state
Article 10(d):
Access to the court is open to individuals on application for relief for
violation of their human rights, the submission of application for which
shall;
i) not be anonymous; nor
ii) be made whilst the same matter has been instituted before another
International court for adjudication.
It is the argument of the Applicant that these provisions enable an individual to
access the Court directly on human rights issues, and gives the Court competence to
entertain such application. The Applicant submitted that the case of AlHAJI
HAMMANI TIDJANI V. THE FEDERAL REPUBLIC OF NIGERIA & 4
OTHERS, ECW/CCJ/APP/01/06 supports his pleas on access to the Court.
10.The Applicant also premised his plea on Articles 1, 2, 3,4 and 19, of the African
Charter on Human and People’s Rights,( ACHPR) Article 25 of the Universal
Declaration of Human Rights,(UDHR) the Abuja Accord of 19th August 1995,
International Covenant on Economic, Social and Cultural Rights,( ICESCR) as well as
Article 20 (a) of the Republic of Liberia Constitution of 1986 and The Act to Provide
Retirement Benefits for Former Interim President, Chairman and Vice Chairman of
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