Order regulating Private Education in Niger, hereinafter referred to as (The
1996 Decree). The letters withdrawing the grant of authorization (annexure 7)
quoted Articles 4, 6, 8, 9, 15,17, 18, 19, 21, 22, 23,and 28 of The Decree 1996
as the basis for the revocation of the grant same having been violated by the
Applicant. Thus Article 2 above referred and the articles listed in The 1996
Decree are therefore the ‘law’ to be subjected to the test of legality.
75. Having identified The 1996 Decree and Article 2 above referred as the
‘law’ under which the Respondent acted to dispossess the Applicant of its
rights over the school, the next step is for the Court to examine the acts of the
Applicant that allegedly contravened the referred Articles in The Decree 1966
to enable a proper determination as to whether the Applicant violated same to
justify that the interference was in accordance with the Law. In examining
these law, the Court notes that the details/provisions of the Articles allegedly
violated in the 1996 Decree are not pleaded. The Court noted that the
Applicant only stated that following an inspection of the school on the use of
the license, it discovered the following misuse of the license by the Applicant:
a) That the Societe Bedir Ltd once a one-shareholder company became
subject of two ownership transfer without prior authorization.
b) The Managers of the school were appointed by a notorised deed.
c) The applicant did not cooperate with the inspectors during the
inspection.
d) Furthermore the inspectors found violation of Articles 4, 6, 8, 9, 15,17,
18, 19, 21, 22, 23,and 28 of Decree no 96-210/PCN/MEN of 19 June
1996 fixing the methods of application of the Order regulating Private
Education in Niger.
76. Having alleged that the Respondent violated the above listed Laws, the
Respondent is obliged to show explicit proof of the same. It is trite law that
he who alleges must provide convincing evidence to support the allegation.
In DAOUDA GARBA V. REPUBLIC OF BENIN (2010) CCJELR Page
12.Para 34 & 35, the court held that:
“cases of violation of human rights must be backed by
indications of evidence which will enable the Court to find that
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