case, the Plaintiff, a corporate body brought an action against the above stated
Defendants which includes a Member State under Article 10 (C) of the 1991
Protocol on the Court as amended by the Supplementary Protocol 2005 on the
Community Court of Justice, ECOWAS, and the Court held that:
“The third Defendant is the State of Mali who is a Member of the
Community. It is not a corporate body and is neither invested with any
public office of the community. It cannot therefore be likened to an official
of the Community. It appears clearly from the foregoing that the three
Defendants are not officials of the community.”
53. The Court after a careful analysis of the Provisions of the Protocol relied upon
by the Applicant comes to the conclusion that an action cannot be sustained
against the Respondent; Member State based on Article 10 (c) on the 1991
Protocol of the Court as amended by the Supplementary Protocol 2005 on the
Community Court of Justice, ECOWAS. The Republic of Liberia, is not a
Community Official and therefore, not a proper party before this Court against
whom an action can be instituted against under Article 10 (C) of the 1991
Protocol on the Court as amended by the Supplementary Protocol 2005 and the
Court so holds.
54. The second provision under which the Applicant instituted this action is
Article 10 (d) of the 1991 Protocol on the Court as amended by the
Supplementary Protocol 2005 which reads as follows:
“Access 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;
55. On the Provision of Article 10 (d) which must also be read in context as
prescribed in the text that, individuals can maintain action on violations of
human rights if the application is not anonymous and not before another
International Court. Dexter Oil limited is not an individual within the context of
this Article but a corporate body and duly registered under the laws of Liberia
to operate a business concern. It follows on a strict interpretation of the English
text of Article 10 (d) that Applicant not being an individual has no capacity to
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