Supplementary
Protocol of the Court is an exception to the general rule.
k; this Court observed
in Moukhtari
Bello versus Jigawa State and
others suit No. ECWjCCJjAJ>P/02.!l1 that while International
customary
Law is les generale the provisions of the Protocol as amended
Supplementary
applies
Protocol is lex specialis and therefore
as an exception
postulated
by the
the lex specialis
to the generale. We find the observation
by this Court in the above stated case, worthy of application
herein and adopt same.
32.
The provision of the African Charter on Human and Peoples Rights with
incorporating
Remedies
the international
is a general
customary
of local
Rule on exhaustion
rule. This Court
has stated
in numerous
authorities that individuals are at liberty to choose wherever they elect to
file their causes or matters pertaining to violations of their human rights
once the matters
imbibed
the international
law or community
texts
therein.
33.
The defendants
' counsel further raised the question
court is competent
to act as an appellate
of whether this
court over the order of
detention made by a competent court to wit, the Yaba Magistrate Court.
34·
This Court had observed several times in decisions that it does not
compose itself as an appellate Court over the decisions of the National
Courts as emphasized
Republic
of Mali -
in the case of Moussa Leo Keita versus the
ECWjCCJjJUD/03!07
and reported
in
2004-
2oo9CC.JELR 63 where the question was asked whether the court can reexamine decisions
;:('!~las
reported
made by the courts of Member States? This lt~ rt
on page 75 that'
However,
the Court rather deduces
from the decision made by the Supreme Court of Mali that, what we
have at hand is a case of damages suffered by the Applicant
regards his artefacts
and for which he was granted
reparation.
as it
The
:.2