the officials of the Defendant is a violation of their property rights as provided
under Article 14 of the African Charter on Human and Peoples' Rights and this
Court has the jurisdiction to entertain their claim by virtue of Articles 9(4) and
10(d) of the Supplementary Protocol of the Court.
Laws Applicable
20. In Article 19 (1) of the first Protocol, the Court is enjoined to apply, as
necessary, the body of laws as contained in Article 38 of the Statutes of the
International Court of Justice. Article 38 of the Statutes states: "The Court, whose
function is to decide in accordance with international law such disputes that are
·,
submitted to it, shall apply:
a)
international conventions, whether general or particular,
establishing rules expressly recognized by the contesting
states;
b)
international custom, as evidence
of a general practice
accepted as law;
c)
the general principles of law recognized by civilized nations;
d)
subject to the provisions of Article 59, judicial decisions and
the teachings of the most highly qualified publicists of the
various nations, as subsidiary means for the determination of
rules of law.
2. This provision shall not prejudice the power of the Court to
decide a case ex aequo et bono, if the parties agree thereto."
21. Articles 9(4) and 10(d) of the Supplementary Protocol on the Court, 2005;
Article 4(g) of the Revised Treaty of ECOWAS; and Article 14 of the African
Charter on Human and Peoples' Rights and all other international laws on human
rights with the jurisprudence emerging thereto. In that regard as stated in Article
38 of the Statute of International Court of Justice, this Court shall apply same as
and when relevant in the determination of this case.
7