1. That the Honorable Court lacked jurisdiction to try the application pursuant
to the reliefs sought by the Applicant which borders on employment dispute
already covered under the Nigerian Municipal Courts.
The import of this ground is suggestive of the requirement for the Applicant to
exhaust local remedies.
Applicant’s Response
The Applicant amended their reliefs sought by praying for certain orders and
declarations pursuant to violation of rights enshrined in treaties ratified by the
Respondent.
The Applicants argued that the Court is vested with jurisdiction pursuant to the
Protocol of the Court as amended and those obligations accruing from treaties
ratified by the Respondent. The Applicant relied on the jurisprudence of the Court
in expounding on his argument therefore urged the Court to dismiss the Preliminary
Objection as vexatious and frivolous but asks that the case be set down for hearing.
The Court has examined the ground for the Preliminary Objection so far advanced
by the Respondent in support of his objection. The Court has also considered the
response by the Applicants to the Preliminary Objection. On the strength of their
submissions the Court is able to identify two keys issues which are of relevance for
consideration and for determination by the Court. That is:
Whether this Court has jurisdiction to hear and determine this application as
indicated in the Preliminary Objection
Whether exhaustion of local remedies is a condition precedent to access this
Court
In response to the Applicants’ submission, the Respondent, the Applicants amended
their reliefs sought and also prayed for other reliefs pursuant to their alleged human
rights violation as enshrined in the treaties that have been signed and ratified by the
Respondent. The Applicant further submitted that this Court has the mandate and is
vested with the jurisdiction to hear and determine this application pursuant to Article
9 (4) of the amended Protocol. In addition he maintained that those obligations that
accrue to Member States under treaties by reason of the fact that they have not signed
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