time when the prior statute was passed. In the instant case Article 3 of the Supplementary Protocol A/SP/01/05 states: "Article 8 of Protocol on Community Court of Justice substituted. Article 9 of the Protocol relating to the Community Court of Justice is hereby deleted and substituted by the following new provisions.” 27. Under the said Article 3, there is a new Article S on the jurisdiction of the Court including the said Articles 9(3). 8(4) and 10(d) on the limitation of action, violation of human rights that occur in any Member State and access by individuals to the Court, respectively. The effect of the deletion of the provisions of Article 9 of Protocol A/PI/7/91 and substitution of new Articles 9 and 10 in Protocol A/SP.1/01/05 to Protocol A/PI/07/91 means that as stated in the Nigerian case of Ibrahim v. Barde (1996)9 NWLR (pt 477) at 577 paragraphs 8-C, where the Supreme Court state, inter alia, that the legislature is competent to make retrospective legislation and that the nature of a statute may concern the whole provisions of the statute, as where the commencement date so indicates or may concern only a section of the statute, thereby making it a retrospective legislation is apt and relevant in this case. 28. Article 9 of the Protocol A/PI/7/91 was repealed and substituted by new Articles 9 and 10 in Protocol A/SP.1/10/05. There were other amendments and additions to the said Protocol A/PI/7/91 in the said Supplementary Protocol. As stated earlier. where a statute is passed for the purpose of supplying provisions in the former statute, the subsequent or latter statute is returned back to the time when the prior statute was passed. On the basis of the above opinion of this Court. as it applies to this case. the new Article 9(3) and (4) would be construed as if it was made in 1991 in Protocol A/PI/7/91. In the light of the expression of the opinion of the Court above. Learned Counsel for the Plaintiffs was correct in lodging his application under Article 9(4) as individuals even though the cause of action had arisen on the 24thhof April 2004. Having 12

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