within its territory and other conditions for seising the Court with competence must
have been satisfied.
Applying the above elementary criteria to privileges and immunities granted
to consular officers (which the Plaintiff claimed to be one) do they have the character
of human rights? The answer is in the negative. They are not recognized by any known
human rights instruments both locally and internationally.
Accordingly, their claims as one of the rights envisaged by Articles 2,3,4,5, 6 and 7
of the African charter on Human and Peoples’ Rights in particular on any other
international human rights instrument in general, cannot be sustained.
In the circumstances, the Plaintiff’s case has not disclosed any characteristic violation
of his human rights to ground the Court jurisdiction to entertain the same.
In Alhaji Hammani Tidjani vs. Federal Republic of Nigeria & 4ors (2004-2009)
CCJLR, the Plaintiff alleged a breach of his right to freedom from arbitrary arrest and
detention provided for under Article 6 of the African Charter on Human and Peoples’
Rights. This Court copiously laid down general conditions for the exercise of its
human rights mandate thus;
The combined effect of Article 9(4) of the Protocol of the Court as
amended, Article 4(g) of the Revised Treaty and Article 6 of the African
Charter on Human and Peoples’ Rights is that the Plaintiff must invoke
the Court’s jurisdiction by;
1.
Establishing that there is a right recognized by Article 6 of the African Charter on
Human and Peoples’ Rights.
2.
That this right has been violated by the Defendant.
p. 24