JUDGMENT OF THE COURT Parties 1. The Applicant is a limited liability Company incorporated under the Laws of the Republic of Niger and registered with Niamey Corporate and Trade Registry under the number RCCM-NI-NIM-2003-B 768 dated 29th July 2003, with its head office in Foulani Kora, Riyad District. Niamey 2. The Respondent is the Republic of Niger (hereinafter referred to as “the Respondent”) a signatory to the ECOWAS Treaty thus a Member State of the ECOWAS. Subject Matter of the Proceedings 3. These proceedings arise from allegations of the Applicant that the Respondent violated its right to property, when it expropriated its property without any prior notice or compensation, contrary to Article 14 of the African Charter on Human and Peoples’ Rights (the African Charter) and Article 17 of the Universal Declaration of Human Rights (UDHR). The Applicant therefore prays the Court to find the Respondent State liable for the violation and award compensation for the expropriation of its property. Summary of the Facts by the Applicant 4. The Applicant states that the aim of the company is to create, administer, and manage schools such as kindergartens, primary and secondary schools for boys and girls with or without boarding house with attendant facilities like laboratories, canteen and more. In August 2003 it applied to the Commission responsible for authorisations to set up and open private schools, for licenses to open a general educational establishment in Niamey. The application was approved and was informed of same on the 21 October 2003 and by Order No. 006/MESS/R/T/DGE/DEPRI/DECBII/M of 5th January 2004, it was authorised to establish a private school complex of general education within the city of Niamey. 5. In view of the significant investment the Applicant made which include the construction and equipment of air-conditioned classrooms, boarding 2