Jurisdiction:
It was contended by Counsel for the Respondents that the Court is being asked to
exercise jurisdiction and address issues of human rights raised in the Reference,
but that the Court has no jurisdiction to do so since the Court’s jurisdiction is at
the moment restricted to the interpretation and application of the Treaty under
Article 27(1). He argued further that Article 27(2) expressly excludes the
jurisdiction to deal with human rights issues until the Court is granted extended
jurisdiction through a subsequent protocol which has not yet been concluded.
Learned Counsel for the Claimant disagreed. Her contention was that the Court
has jurisdiction to entertain this Reference. Counsel relied on the provisions of
the Vienna Convention on the Law of Treaties that require a Treaty to be read,
interpreted and performed in good faith. Counsel further relied on Article 27 of
the Treaty and submitted that the reference before Court invokes the Court’s
jurisdiction to interpret and apply the provisions of the Treaty. That in particular,
the reference seeks to invoke the Court’s jurisdiction to hear and determine
whether the 1st to 4th Respondents have breached the fundamental principles of
the Treaty including:
(a)
The rule of law under Articles 6 and 7(2).
(b)
Promotion and protection of human rights in accordance with the
African Charter on Human and People’s Rights under Article 7(2).
(c)
Good governance under Article 6 and 7(2) and
3