be in the interest of the public or general interest of the community that is; the
legitimacy of purpose and b) the interference must be in accordance with the
law; that is the legality of the law. The application of the safeguards of
legitimacy of purpose and legality of the law is cumulative, in other words the
non-compliance of any, and amounts to the violation of Article 14.
69. Even though the requirement for legality is stated as the last condition
under the Article, it is imperative that interference with the right of property
must first satisfy the requirement of legality. The principle of legality is
inherent in the Charter as a whole and must be complied with whichever of
the other conditions of the Article 14 applies. This is more so that no action
can survive on illegality which is capture in the Latin phrase: Ex turpi causa
non oritur actio.
70. The court will now proceed to first address the requirement of legality of
the law that is to say the interference must to in accordance with the law. The
purpose of the phrase “in accordance with the law” is to ensure that the scope
for arbitrary tampering with rights by the executive is limited by domestic
legislative or judicial authority. In FESTUS A.O. OGWUCHE V. FEDERAL
REPUBLIC OF NIGERIA ECW/CCJ/JUD/02/18 @ pg. 23, the Court held that
‘…..the principle of legality is a fundamental aspect of all international
human rights instruments and indeed the rule of law in general. It is a basic
guarantee against the state’s arbitrary exercise of its powers. For this
reason, any restriction on human rights must be “provided” or “prescribed”
by law’.
71. The concept of “law” in this context is not confined to domestic legal
processes but admits compliance with international human rights laws that
impose international legal obligations on the state in question based on their
signatory to such instrument. The Law must be accessible, sufficiently precise
as well as provide for fair process that require State not act arbitrarily with
safeguards against misuse of power by the State. JUSTICE PAUL UUTER
DERY& 0RS Vs THE REPUBLIC OF LIBERIA ECW/CCJ/JUD/17/19 Pages
24-25
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