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
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60. This Court has severally granted leave for intervention as amicus curiae on the grounds that the said amicus is not a party to the suit and has no proprietary interest in the said claim. The intervention must simply be an objective assistance into the research exercise necessary in the adjudication of the claim/s before the Court. 61. The present applications for leave to intervene as amicus and the submissions by the amici curiae has been considered by this Court and the same is granted.
— SERAP v FRN (2022) – ECW/CCJ/JUD/40/22
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.”
In BADINI SALFO V THE REPUBLIC OF BURKINA FASO JUD NO: ECW/CCJ/JUD/13/12, the Court while relying in its judgment in CNDD v. COTE D’ IVOIRE (2009) Para 55, and PROF. ETIM MOSES v. REP OF GAMBIA, (2007) Para 31, held that: “Equality before the law presupposes that equal treatment is accorded people finding themselves in similar situations. Thus, examining the allegation of the violation of the principle of equality requires that, at least two similar legal situations be put side by side as to compare and find out whether an ill treatment was concretely meted out to either one or both of them”.
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
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
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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