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9.6. Therefore in light of the fact that the Plaintiffs sued individuals and persons not
within the competency of this Court’s personal jurisdiction, and also because this
Court exercises jurisdiction over persons who are State Parties to the ECOWAS
Treaty, or who are members of ECOWAS, or ECOWAS Institutions, this Court is
legally stripped of the right and authority to go into the substance of the allegations
of the complaint because any action taken by the Court without
authority/jurisdiction, is legally void, hence the case has to end at this preliminary
stage without discussing the merits.
9.7. In other words, if this Court was not prevented by the limitations of the Treaty
and Protocol and case law in terms of its jurisdiction over certain categories of
persons, then we would have had to conduct a hearing and take evidence to
determine whether any conduct of the Defendants, either individually or collectively,
violated any human rights of the Plaintiffs.
9.8. In short, the substance of the Defendants’ contention is that the claims of these
Plaintiffs are brought against the wrong persons as Defendants; and secondly, that
the complaint does not state a cause of action against the Federal Republic of
Nigeria, who is the only person sued, who is a proper party before this Court. The
Court finds that this suit is vexatious and was brought for the mere purpose of
harassing and embarrassing the Defendants.
10. DECISION
The Court, adjudicating in a public sitting, after hearing both parties, in last resort,
after deliberating in accordance with the law;
As to Motions for Extension of Time,
10.1. Declares that all the Motions for Extension of Time are granted.
As to Eligibility/Competency of Plaintiffs
10.2. Declares that the 1st Plaintiff is not competent to bring suits before the
ECOWAS Community Court of Justice.