20. In view of the Applicant’s response to the objection by the Respondent the
Applicant prayed to the Court to dismiss the objection by the Applicants and
declare the Application admissible.
21. The Eighth Applicant in her response claimed that the shutting down of internet
access denied her the right to work as a journalist and also her right to freedom of
expression and prayed to the dismiss the Respondent’s objection and grant the
reliefs south in the Initiating Application.
F. Issues for determination
Whether the Court has jurisdiction to hear and determine this application
Whether the Applicants have locus standi institute this action
Whether the Applicants’ right to freedom of expression was violated
G. ISSUE 1: Whether the Court has jurisdiction to hear and determine this
application
22. The Applicants filed their claim pursuant to Articles 9(1), 9(4) and 10(d) of the
Protocol (A/P1/7/91) relating to the Community Court of Justice, as amended by
the Supplementary Protocol A/SP.1/01/05.
23. The Court notes that the shutting down of internet access rendered internet
services inaccessible consequent upon which the Applicants are alleging that it
violated their rights to freedom of expression. The allegations in themselves (being
grounded in allegations of human rights violations) constitutes grounds for the
Court to assume jurisdiction pursuant to Article 9 (4) of the Supplementary Protocol
of the Court 2005 which provides that:
“The Court has jurisdiction to determine case of violation of human
rights that occur in any Member State.”
24. This Court has repeatedly maintained that applications made pursuant to a
violation or an alleged violation of human rights will be heard if it complies with the
admissibility criteria laid down in Article 10 (d) of the Supplementary Protocol. In
the case of Moussa Leo Keita V. Republic of Mali (2007) ECW/CCJ/JUD/03/07,
the Court held that it had the required competence to adjudicate matters involving
the violation of human rights within its Member States. The threshold, as was
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