provisions. Treaties are known by variety of names, ranging from
convention, international Agreements, Declarations, covenants, Protocols or
their Supplements to mention but a few.
Treaties are binding only on parties to them. They come into effect either
by mere signatures or ratification or by both depending on the provisions
thereof. Supplementary Protocol A/SP.1/01/05 of 2005 which confers
jurisdiction on this Court with regard to human rights violation occurring in
Member States of ECOWAS qualifies as a Treaty. The Court takes judicial
notice of the fact that the 1st Defendant is a signatory to the treaty, By Article
11(1) of the Supplementary Protocol.
This Supplementary Protocol shall enter into force provisionally upon signature
by Heads of States and Government. Accordingly, the signatory Member
States and ECOWAS hereby undertake to start implementing all (emphasis
ours) provisions of this Protocol.
It follows that since the 1st Defendant signed the treaty in question, it
cannot be seen to argue that it is not bound because of non-ratification.
The Court is not oblivious of the provisions of Art 11(2) which declares that
the Supplementary Protocol shall definitely (emphasis ours) enter into force
upon ratification by at least nine (9) signatory States in accordance with the
constitutional procedure of each Member State.
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