“Individuals on application for relief for violation of their human
rights; the submission of application for which shall:
i.
ii.
Not be anonymous; nor
Be made whilst the same matter has been
instituted before another International Court for
adjudication.”
The Court has held severally that a mere allegation of a violation of human
rights in the territory of a Member State is sufficient, prima facie, to justify
its jurisdiction. In the case of MOUSSA LEO KEITA V. THE REPUBLIC OF
MALI (2007) ECW/CCJ/JUD/03/07, the Court held that it has a competence
to adjudicate matters involving the violation of human rights within its
Member State. Therefore the threshold is simply that the application should
contain an allegation of a violation for it to be deemed admissible: See
SERAP V. FEDERAL REPUBLIC OF NIGERIA & 4 ORS (2014)
ECW/CCJ/JUD/16/14.
The Applicants have contended that the Respondent’s act of arrest,
detention and prosecution whilst exercising their fundamental human rights,
especially their right to peaceful assembly, fair trial and the right to life is in
violation of their right. Further, that the alleged torture, inhuman and
degrading treatment meted out on them whilst in custody of the
Respondent is an affront to their dignity. Furthermore, the Applicants also
challenge the alleged death of one of them (Ebrima Solo Sadeng) in
custody of the Respondents as a violation of his right to life.
Subject to the above averments, the Applicants relied on the provisions of
Articles 4, 5, 6, 7, 10, 11 & 13 of the African Charter on Human and
People’s Rights, Articles 3, 4(1) And 25 (a) of The Protocol to The African
Charter On Human and People’s Rights on the Rights of Women in Africa
and Article 1 (j) of the ECOWAS Protocol on Democracy and Good
Governance. In relying on the said provisions, the Applicants are in tandem
with the ratio in the case of KAREEM MEISSA WADE V. REPUBLIC OF
SENEGAL (2019) ECW/CCJ/JUD/13/19, at pg. 259 Para. 95 (3), where the
Court held that: “simply invoking human rights violation in a case
suffices to establish the jurisdiction of the Court over that case.” See
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