Whereas by virtue of the combined provisions of Articles 9 and 10 of the Supplementary
Protocol A/SP.01/01/05 of 19/01/2005, this Court has jurisdiction only in cases of human
rights violations, provided that the petitions meet the conditions laid down therein.
The applicant has come in this application to ask this Court of Justice of the Community
to determine that his rights have been infringed – which he does not materialize – and
declare the proceedings against him non compliant and order the be reinvested on him
his rights.
In this case, the alleged breach of parliamentary immunity, as the applicant admitted,
merely generates procedural nullity in the criminal proceedings brought against him and
which is under national jurisdiction.
So much so, that the applicant sought from the Investigative Control Chamber, the
declaration of procedural nullity claimed, having that entity issued Judgment No. 076 of
12/29/2017, in which it stated that it had no jurisdiction to address the claimed defect.
It means that what the applicant is seeking now is to obtain from this Court a ruling
reviewing the invalidity claimed and prosecuted in the domestic court.
This Community Court of Justice has repeatedly reiterated that “In accordance with its
area of competence, it is not for it to assess the legality of decisions taken by the national
courts of the Member States" - See Judgment delivered on 23 April 2015 in
ECW/CCJ/APP/19/14 in the case of Tidjani Abdoulkarim and others versus Republic of
Niger.
In addition, it has contended in several cases that it is outside its mandate to examine a
decision taken by a court of a State Member in accordance with its constitutional
provisions and that it is not a court of appeal, cassation or reformatio of decisions taken
by the jurisdictions at national level. Cfr- Judgments ECW/CCJ/JUD/06/13 in case
ECW/CCJ/APP/19/11, between Kpatcha Gnassimbé versus Republic of Togo (in CCJLR
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