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PENSION IS PROPERTY

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✓ 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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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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EXPERT IS PERMITTED TO GIVE AN OPINION BASED ON HEARSAY

Para. 40: “It is common knowledge that an expert’s opinion is usually based on his training and experience. In law an expert is permitted to give an opinion on the basis of hearsay information, provided that it relates to specific matters of which he does have personal knowledge. Thus a doctor can give evidence of what he was told by a patient about his condition for the purpose of evaluating his diagnosis; though his testimony is inadmissible to show what symptoms were actually being experienced by the patient; see R. V. Bradshaw (1985) 82 Cr. App. R. 79, CA.”

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

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THE REVISED TREATY MAY BE CALLED THE CONSTITUTION OF ECOWAS

“21. The Revised Treaty of 1993 is the supreme law of ECOWAS, and it may be called its Constitution. By Article 89 of the Revised Treaty, Protocols made pursuant thereto shall form an integral patt thereof.”

— Ukor v Laleye (2005) – ECW/CCJ/APP/01/04

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BURDEN TO PROVIDE RECORDS OF PENSION IS ON GOVERNMENT

In the case of Registered Trustees of Association of Former Telecom Employees of Nigeria &17,102 Ors. V. Federal Republic of Nigeria & Ors; ECW/CCJ/JUD/20/19, when this court held that: “It follows therefore that once the claimant makes out a prima facie case of entitlement to pension, by proof of employment but lacks access to the key information needed to substantiate his claim same being in the control of Respondent, such claim cannot fail due to being unsubstantiated. It is a recognized fact that salary records and computations matrix are in the normal cause of events in the custody and preserve of the employer in this case the Respondent. The burden to provide records of the pension entitlement of the Applicant having shifted to the Respondent, the Applicants are exonerated from proving their entitlement.”

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ONLY PARTIES TO TREATISES CAN BE BOUND AND HELD RESPONSIBLE

Para. 24: “Before proceeding to analyze the facts of this case, the Court must first address the capacity of the 2nd to 4th Respondents who are the agents of the 1 st Respondent – The Republic of Liberia. It is trite law that only parties to treaties can be bound and held responsible for their implementation. This Court has held on several occasions that agents of member state of the ECOWAS treaty are not proper persons capable of being sued before this Court for the violation of the said treaty or other relevant international Human rights instruments signed by member state of the ECOWAS.”

— Boley v Liberia & Ors. (2019) – ECW/CCJ/JUD/24/19

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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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