Charter on Human and Peoples’ Rights, the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, etc. to which the Member States of ECOWAS are parties. 29. That these instruments may be invoked before the Court reposes essentially on the fact that all the Member have renewed States parties to the Revised Treaty of ECOWAS their allegiance to the said texts, within the framework of ECOWAS. Consequently, by establishing the jurisdiction of the Court, they have created a mechanism for guaranteeing and protecting human framework of ECOWAS so as to implement the human rights within the rights contained in all 30. This reality is consistently held in the Court’s case law [See Judgment of 17 the international instruments they are signatory to. December 2009, Amouzou Henri v. Republic of Céte d’lvoire § 57 to 62; Judgment of 12 June 2012, Aliyu Tasheku v. Federal Republic of Nigeria §16]. 31. As to the justiciability or enforceability of the economic, rights, this Court is of the view that instead of social and a generalistic cultural approach recognizing or denying their enforceability, the appropriate way to deal with that issue is to analyse each right in concrete terms, try to determine which specific obligation it imposes on the States and Public Authorities, and whether that obligation can be enforced by the Courts. 32. Indeed there are situations in which the enjoyment of the economic, social and cultural rights depends on the availability of State resources. In those situations, it is legitimate to raise the issue of enforceability of the concerned right. But there are others in which the only obligation required from the State to satisfy such rights is the exercise of its authority to enforce the law that recognises such rights and prevent powerful entities from precluding the most vulnerable from enjoying the right granted to them. 33. In the instant case, what is in dispute is not a failure of the Defendants to allocate resources to improve the quality of life of the people of Niger Delta, but rather a failure to use the State authority, in compliance with international 10|Page

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