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1. FEDERAL REPUBLIC OF NIGERIA RESPONDENTS 2. IMO STATE GOVERNMENT Before their Lordships: Hon. Justice Friday Chijioke Nwoke - Presiding Hon. Justice Yaya Boiro – Member Hon. Justice Alioune Sall- Member. Assisted by Athanase Atannon ---------- Assistant Chief Registrar APPLICANTS’ COUNSEL (1) (2) Alex N.N. Williams Chiemeka Joel Okereke A.N.N. Williams & Co. Plot 3 Kokoma Close, of Buchanon Crescent Behind Emab Plaza, Wuse 11, Abuja Nigeria. RESPONDENTS’ COUNSEL (1) (2) (3) Taiwo Abidogun T. A. Gazali A. H. Tsammani Federal Ministry of Justice Maitama, Abuja Nigeria. 2

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Assisted by Athanase Atannon ---------- Assistant Chief Registrar2
APPLICANTS’ COUNSEL2
FACTS OF THE CASE3
A DECLARATION THAT:5
1. WHETHER THIS COURT HAS THE JURISDICTION TO ENTERTAIN THIS MATTER AS CONSTITUTED.7
with the provisions of appropriate laws.”9
DECISION:26
DECLARES:26

ECW CCJ JUD 22 18

Tribunal da CEDEAO

Preview

ECCJ App no.: ECW/CCJ/APP/13/14

ECCJ Jud No.: ECW/CCJ/JUD/22/18

Tipo de Documento

Acórdão

Palavras-Chave

Direito à Dignidade
Direito à Propriedade
Direito ao Julgamento Justo
Investigação
Proteção da Família e Grupos Vulneráveis

Estado

Nigéria

Resultado: Decidiu sobre os Méritos

Data da Decisão: 3 de jul. de 2018

African Charter Rights Alleged to be Violated

CADHP 14: Direito à Propriedade
CADHP 5: Punição Cruel Desumana e Desproporcional
CADHP 7 : Direito ao Julgamento Justo

African Charter Rights Violated

CADHP 14: Direito à Propriedade
CADHP 5: Punição Cruel Desumana e Desproporcional
CADHP 7 : Direito ao Julgamento Justo

Duração do Procedimento: 17 de dez. de 2014 ~ 3 de jul. de 2018

Country Geolocation

Latitude: 9.081999

Longitude: 8.675277

Country Geolocation (linked Tribunal da CEDEAO): Nigeria

Primary Documents

ECW_CCJ_JUD_22_18 Chief Damian Onwuham (Alabake)&22 others vs Federal Republic of Nigeria and Imo State Government.pdf
English
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ECW_CCJ_JUD_22_18-fr.pdf
French
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Supplementary protocol

d) 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;

Tratado

ECW CCJ JUG 03 11 BAKARY SARRE et 28 autres v REPUBLIQUE DU MALI

Tribunal da CEDEAO

Banjul charter

Article 71.Every individual shall have the right to have his cause heard. This comprises: (a) the right to an appeal to competent national organs against acts of violating his fundamental rights as recognized and guaranteed by conventions, laws, regulations and customs in force; (b) the right to be presumed innocent until proved guilty by a competent court or tribunal; (c) the right to defense, including the right to be defended by counsel of his choice; (d) the right to be tried within a reasonable time by an impartial court or tribunal. 2.No one may be condemned for an act or omission which did not constitute a legally punishable offence at the time it was committed. No penalty may be inflicted for an offence for which no provision was made at the time it was committed. Punishment is personal and can be imposed only on the offender.

Tratado

Banjul charter

Article 5Every individual shall have the right to the respect of the dignity inherent in a human being and to the recognition of his legal status. All forms of exploitation and degradation of man particularly slavery, slave trade, torture, cruel, inhuman or degrading punishment and treatment shall be prohibited.

Tratado

Banjul charter

Article 14The right to property shall be guaranteed. It may only be encroached upon in the interest of public need or in the general interest of the community and in accordance with the provisions of appropriate laws.

Tratado

Supplementary protocol

4. The Court has jurisdiction to determine case of violation of human rights that occur in any Member State.

Tratado

ECW CCJ JUG 03 11 BAKARY SARRE et 28 autres v REPUBLIQUE DU MALI

25.Lacompétencede laCourpour connaitre d'une affaire déterminéedépendnonseulement desestextesmaiségalementdelasubstancedela requêteinitiale.LaCouraccordetouteattention auxprétentionsdes demandeurs,auxmoyensqu'ilsinvoquentetdanslecasoùdesviolations dedroitdel'hommesontalléguées,desaprésentationparlesparties. Ellerecherche doncsi la constatation delaviolationdes droits del'hommeformel'objetprincipaldelarequêteetsilesmoyens etlespreuvesproduitstendentessentiellementàétablirdetellesviolations

Tribunal da CEDEAO

Supplementary protocol

Article 10: Access to the Court. Access to the Court is open to the following: a) Member States, and unless otherwise provided in a Protocol, the Executive Secretary, where action is brought for failure by a Member state to fulfill an obligation; b) Member States, the Council of Ministers and the Executive Secretary in proceeding for the determination of the legality of an action in relation to any community text; c) Individuals and corporate bodies in proceedings from the determination of an act or inaction of a Community official which violates the rights of the individuals or corporate bodies; d) 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; e) Staff of any Community institution, after the Staff Member has exhausted all appeal processes available to the officer under the ECOWAS Staff Rules and Regulations; f) Where in any action before a court of a Member State, an issue arises as to the interpretation of a provision of the Treaty, or the other Protocols or Regulations, the national court may on its own or at the request of any of the parties to the action refer the issue to the Court for interpretation.”

Tratado

ECW/CCJ/JUD/07/10 Os Administradores Registados do Projeto Sócio-económico e de Responsabilização (SERAP) v. Nigéria e UBEC

Tribunal da CEDEAO

Banjul charter

Tratado

CASE OF BOUYID v. BELGIUM

EU document

CASE OF SEL UK AND ASKER v. TURKEY

EU document

Achpr45 279.03 296.05 eng

Decisão da CADHP sobre Comunicação

Banjul charter

Tratado

Banjul charter

Tratado

Banjul charter

Tratado

ECW CCJ JUD 03 08 Chief Ebrimah Manneh v. The Gambia

Tribunal da CEDEAO

Gutierrez v colombia

Inter-American Court/Commission Documents

CASE OF BOUYID v. BELGIUM

EU document

Banjul charter

Tratado

Case of Ivcher Bronstein v. Peru

Inter-American Court/Commission Documents

European Convention on Human Rights

ARTICLE 1Protection of propertyEvery natural or legal person is entitled to the peaceful enjoyment of his possessions. No one shall be deprived of his possessions except in the public interest and subject to the conditions provided for by law and by the general principles of international law.The preceding provisions shall not, however, in any way impair the right of a State to enforce such laws as it deems necessary to control the use of property in accordance with the general interest or to secure the payment of taxes or other contributions or penalties.

Tratado

136. Media Rights Agenda and Others v Nigeria (2000) AHRLR 200 (ACHPR 1998)

Decisão da CADHP sobre Comunicação

General comment no 4 cescr

Documento das Nações Unidas

Achpr45 279.03 296.05 eng

Decisão da CADHP sobre Comunicação

Banjul charter

Tratado

Pinheiro Principles

5. The right to be protected from displacement 5.1 Everyone has the right to be protected against being arbitrarily displaced from his or her home, land or place of habitual residence. 5.2 States should incorporate protections against displacement into domestic legislation, consistent with international human rights and humanitarian law and related standards, and should extend these protections to everyone within their legal jurisdiction or effective control. 5.3 States shall prohibit forced eviction, demolition of houses and destruction of agricultural areas and the arbitrary confiscation or expropriation of land as a punitive measure or as a means or method of war.5.4 States shall take steps to ensure that no one is subjected to displacement by either State or non-State actors. States shall also ensure that individuals, corporations, and other entities within their legal jurisdiction or effective control refrain from carrying out or otherwise participating in displacement

Documento das Nações Unidas

CASE OF CONNORS v. THE UNITED KINGDOM

EU document

European Convention on Human Rights

ARTICLE 8Right to respect for private and family life1. Everyone has the right to respect for his private and family life, his home and his correspondence.2. There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others

Tratado

CABRERA GARCIA AND RODIFO MONTIEL FLORES

Inter-American Court/Commission Documents

CASE OF ILHAN v. TURKEY

EU document

European Convention on Human Rights

ARTICLE 13Right to an effective remedyEveryone whose rights and freedoms as set forth in this Convention are violated shall have an effective remedy before a national authority notwithstanding that the violation has been committed by persons acting in an official capacity

Tratado

European Convention on Human Rights

Tratado

Achpr26 48.90 50.91 52.91 89.93 eng

Decisão da CADHP sobre Comunicação

54 91 61 91 96 93 98 93 164 97 196 97 210 98 Malawi African Association, Amnesty...

Decisão da CADHP sobre Comunicação

Banjul charter

Tratado

Banjul charter

Tratado

Apenas tratados e lei leve20
- Tratado18
- Documento das Nações Unidas2
Casos / decisões internacionais17
- Tribunal da CEDEAO4
- EU document5
- Decisão da CADHP sobre Comunicação5
- Inter-American Court/Commission Documents3
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- Countries geolocation1

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