such violation has occurred in order for it to prefer sanctions if
need be.”
77. For the action of the Respondent to be deemed in accordance with the
law, it is imperative that they place before the court the Law in question
together with its provisions and evidence of violation of same. It is expected
that the Respondent will pinpoint each Article alleged to have been violated,
recite its provision and match it with the corresponding violation of the
Applicant. For example, the allegation that the Applicant transformed from a
single shareholder to a multiple one, requires the evidence of the law
prohibiting such transformation, the original certificate of a single
shareholding of the Applicant presented at the grant of authorization and the
current one evidencing a change in ownership. Consequently, the Court
concludes that the Respondent has failed to prove that the Applicant violated
any of the conditions contained in The Decree 1996.
78. In this wise the Court finds that the Respondent has not established that
it acted in accordance with the law, the Court therefore holds that the
Respondent is in violation of Article 14 of the Charter.
79. While the Respondent failed to establish that their interference was in
accordance with the Law, The Applicant on the other hand was able to place
before the Court evidence to support its claim that the interference of the
Respondent was not in accordance with the law. The Applicant averred that
after the inspection of the schools which the Respondent alleged revealed
several violations of the conditions attached to the grants and which formed
the basis of their revocation, the report of the said inspection was never
transmitted to it for response contrary to the provision of Article 28 of The
1996 Decree. Interestingly this Article was listed by the Respondent as one of
the conditions violated by the Applicant. The Applicant pleaded Article 28 of
Decree 1966 which provides thus:
‘…..At the end of their visit, those responsible for the inspection will address
a report to the supervisory Ministry , copy of this report will be forwarded to
the head of the establishment…’ Emphasis Ours.
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