Thus the Court holds that the previous decisions of this Court relating to limitation of actions against Member States in human rights cases after three years that the cause of action arose were decided per incuriam including the recent case of Dorothy Njemanze & 3 ors Vs. Federal Republic of Nigeria (2017) on this point and are hereby overruled. Accordingly, in actions for enforcement of fundamental rights against member States, the Court holds that the Statute of limitation does not apply. Furthermore, assuming but not conceeding that Article 9(3) subsists as to deny the existence of a right of action, there is still another plank for the exclusion of the application of statute of limitation. The rule is that where an injury is continuing, it will give rise to a cause of action die in diem (day in and out) and postpones the running of time. The right of action is the right to bring a specific case to a Court or tribunal. It is an enforceable right. That right is dependent on whether as of the date the action is brought to court, all the necessary facts are available and any pre-requisite legal or factual situations have been satisfied. See Valentine Ayika Vs. Republic of Liberia 2011 CCJELR pg. 236 para 10. 22