memorandum of understanding which the Respondent signed on 14th
December, 2016 with the Maarif Foundation of Turkey and a special
representative of the President of Turkey which contained amongst others the
following clauses;
- ‘At the end of the negotiation an agreement was reached on these
points. The Turkey party undertakes, in accordance with the provisions
of Law No. 67-21 of 17 June 2016 (voted at the Grand National
Assembly of Turkey) for the MAARIF Foundation of Turkey to take over
the Bedir and Mehriban Establishments located in Niamey in Niger”.
Emphasis ours
- ‘The Nigerien party undertakes, first to withdraw or cancel the
authorisations, licenses, certificates, rights and prerogatives
recognized by means of the law and regulations or conventions in force
(Order 96-035 PCSN of 19 June 1996 and its application Decree
201/PCSN/MEN 19 of 19 June 1996)”to Mr. Hayri AVAR acting on
behalf of the Bedir Company.’ annexure 12
Alleged Violation
13. The Applicant alleges that the Respondent State violated its right to
property, contrary to Article 14 of the African Charter and Article 17 of the
UDHR.
Reliefs Sought by the Applicant
14. The Applicant prays the Court to:
a) Find that under the terms of a memorandum of understanding signed
on 14th December 2016 in Niamey between representatives of a
foundation called Maarif and the Republic of Niger, it is committed to
“… remove or cancel the permit, licenses, certificates, rights and
prerogatives recognized by the law and regulations or conventions in
force (…)” to Mr. Hayri Avar on behalf of Bedir Company.
b) Find that following 5 Decrees of 21st December 2016, the Republic of
Niger has withdrawn authorizations for the creation and opening of the
establishment and permanent closure of the Bedir School belonging to
the Company, BEDIR SARL.
5