CONDITION PRECEDENT TO DETERMINING JURISDICTION

In Hissein Habre v. Republic of Senegal; ECW/CCJ/APP/07/08 & ECW/CCJ/03/10, this Court held that in determining whether it has jurisdiction, it shall consider: • If the issues submitted before it deals with a right which has been enshrined for the benefit of the human person; • Whether it arises from international or community obligations of the state complained of, as Human Rights to be promoted, observed, protected, and enjoyed; • Whether it is the violation of that right which is being alleged. See also Private Alimu Akeem v. Federal Republic of Nigeria ECW/CCJ/ RUL/05/11, pg. 119 affirming the same condition precedent.

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ALLEGATION OF HUMAN RIGHTS VIOLATION IS ENOUGH TO TRIGGER THIS COURT JURISDICTION

In the case of His Excellency Vice-President Alhaji Samuel Sam-Sumana v. Republic of Sierra Leone.-SUIT NO: ECW/CCJ/APP/38/16 and JUD NO: ECW/CCJ/JUD/19/17 (At page 14 of the judgment); the court held that: “Indeed Allegations of violations of Human Rights by an Applicant is sufficient to invoke the jurisdiction of this Court. This is distinct from the issues of the veracity of the allegation.”

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PENSION IS PROPERTY

✓ Registered Trustees of Association of Former Telecom Employees of Nigeria &17,102 Ors. V. Federal Republic of Nigeria & Ors. ECW/CCJ/JUD/20/19 it held as follows. “In light of the above, the Court holds the view that pension is property which can be vested on an individual the denial of which therefore constitutes a violations of Right to property.”
✓ The United States Claim Tribunal in AMOCO INTERNATIONAL FINANCE CORPORATION V. IRAN, Award No 310-56-3 (14 July 1987), 15 Iran-US C.T.R. 189- 289, held that: “Under the Protocol 1 of the European Convention on Human Rights, the concept of property is very broadly defined by reference to all the proprietary interests of an individual. It covers a range of economic interests: “movable or immovable property, tangible and intangible interests, such as shares, patents, an arbitration award, the entitlement to a pension, a landlord’s entitlement to rent, the economic interests connected with the running of a business and the right to exercise a profession…” (Protocol I of the ECHR is pari material with Article 14 of the ACHPR).
✓ In further support of the above opinion the ECHR has held in the case of BÉLÁNÉ NAGY v. HUNGARY (Application no.53080/13) JUDGMENT STRASBOURG 10 February 2015 @ 36 that: “Article 1 of Protocol No. 1 places no restriction on the Contracting State’s freedom to decide whether or not to have in place any form of social security scheme, or to choose the type or amount of benefits to provide under any such scheme. If, however, a Contracting State has in force legislation providing for the payment as of right of a welfare benefit whether conditional or not on the prior payment of contributions that legislation must be regarded as generating a proprietary interest falling within the ambit of Article 1 of Protocol No. 1 for persons satisfying its requirements.”

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ECOWAS COURT IS NOT AN APPELLATE COURT

An ancillary issue which the Court needs to address relates to the allegation of the status in law of the petitioner. The Supreme Court having ruled that the petitioner was duly registered and stricto senso not been a human right issues, this Court will not review the decision as it amounts to sitting on appeal on the decision of the national court. The court further reiterates that it is not an appellate court and will only admit cases from national courts where human rights violation are alleged in the course of the proceeding. See Private Alimu Akeem v. Federal Republic of Nigeria ECW/CCJ/RUL/05/11, Hissein Habre v. Republic of Senegal ECW/CCJ/RUL/03/10 and Messrs. Abdoulaye Balde & 5Ors. V. The Republic of Senegal ECW/CCJ/RUL/01/13. Jerry Ugokwe Vs Nigeria (2004-2009) CCJELR, Ocean King Vs Senegal ECW/CCJ/JUD/07/11, Bakare Sarres Vs Mali.

— Uuter Dery v Republic of Ghana (2019) – ECW/CCJ/JUD/17/19

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DESPERATE SITUATIONS CALL FOR DESPERATE MEASURES – JUMP BAIL

Para. 35: “Counsel for the defendant also submitted that the fact that the plaintiff’s brother secured his bail with an expired passport and the fact that plaintiff jumped bail throw the plaintiff’s character into doubt so the court should not believe him. This argument too is untenable. Desperate situations call for desperate measures. Who would not have acted the way the plaintiff did given the situation that he found himself in? Even if he had succeeded in escaping from the National Intelligence Agency detention centre without bail he would have been justified. The court rejects the call to declare the plaintiff as a person of bad character since he was justified in using every reasonable means to secure his freedom and flee for safety.”

— Saidykhan v GAMBIA (2010) – ECW/CCJ/JUD/08/10

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UNSUCCESSFUL PARTY SHALL BE ORDERED TO PAY COSTS

Para. : “Whereas in the terms of Article 66(2) of the Rules of the Court “The unsuccessful party shall be ordered to pay the costs if they have been applied for in the successful party’s pleadings”, it is ripe to adopt same.”

— Oserada v ECOWAS Council of Ministers & Ors. (2008) – ECW/CCJ/JUD/01/08

ECOWAS COURT CANNOT ENTERTAIN A CASE ALREADY DETERMINED BY COMPETENT INTERNATIONAL COURT

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CONDITION PRECEDENT TO DETERMINING JURISDICTION

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ALLEGATION OF HUMAN RIGHTS VIOLATION IS ENOUGH TO TRIGGER THIS COURT JURISDICTION

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PENSION IS PROPERTY

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ECOWAS COURT IS NOT AN APPELLATE COURT

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DESPERATE SITUATIONS CALL FOR DESPERATE MEASURES – JUMP BAIL

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UNSUCCESSFUL PARTY SHALL BE ORDERED TO PAY COSTS

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