African Human Rights Caselaw Analyser 2.0

No. 10 DAR ES SALAAM CRESCENT,

COMMUNITY COURT OF JUSTICE,
ECOWAS
COUR DE JUSTICE DE LA COMMUNAUTE,
CEDEAO
TRIBUNAL DE JUSTIÇA DA COMUNIDADE,
CEDEAO

OFF AMINU KANO CRESCENT,
WUSE II, ABUJA-NIGERIA.

PMB 567 GARKI, AB
TEL: 09-6708210/5240781 Fax 09-5240780/5239425

Website: www. courtecowas.org

IN THE COMMUNITY COURT OF JUSTICE OF THE ECONOMIC COMMUNITY
OF WEST AFRICAN STATES (ECOWAS)
HOLDEN AT ABUJA, NIGERIA
SUIT N°: ECW/CCJ/APP/09/15.
JUDGMENT NO: ECW/CCJ/APP/02/18
BETWEEN:

Festus A.O. Ogwuche ESQ

Plaintiff

AND
Federal Republic of Nigeria

Defendant

1. BEFORE THEIR LORDSHIPS
Hon. Justice Friday Chijioke Nwoke

Presiding Judge

Hon. Justice Yaya Boiro

Member

Hon. Justice Alioune Sall

Member

Assisted by:
Mr. Athanse Atannon

Deputy Chief Registrar
1

Select target paragraph3

● ● ●

Info
91Connections

ECW/CCJ/JUD/02/18 Festus A.O. Ogwuche ESQ v. Nigeria

ECOWAS Court

ECCJ App no.: ECW/CCJ/APP/09/15

ECCJ Jud No.: ECW/CCJ/JUD/02/18

Type of Document

Judgement

Keywords

Arbitrary Arrest and Detention
Damages and Compensation
Freedom of Expression / Digital Rights
Freedom of Opinion
Personal Liberty
Right to Education
Right to Fair Trial
Right to Property
Right to Work

Country

Nigeria

Outcome: Decided on Merits

Year Decided: Feb 13, 2018

African Charter Rights Alleged to be Violated

ACHPR 7: Right to Fair Trial
ACHPR 7.1: Right to be Heard
ACHPR 9: Right to Receive Information and Free Expression
ACHPR 14: Right to Property
ACHPR 7.2 : Legal Offense without Retrospection

African Charter Rights Violated

ACHPR 7: Right to Fair Trial
ACHPR 14: Right to Property

Duration of Procedure: Mar 1, 2015 ~ Feb 13, 2018

Primary Documents

ECW_CCJ_JUD_02_18.pdf
english
ML TOC
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Supporting files

Universal Declaration of Human Rights (UDHR)

UN Document

African Charter on Human and Peoples' Rights (Banjul Charter)

Treaty

International Covenant on Economic, Social and Cultural Rights ICESCR

UN Document

International Covenant on Civil and Political Rights ICCPR

UN Document

Universal Declaration of Human Rights (UDHR)

UN Document

African Charter on Human and Peoples' Rights (Banjul Charter)

Treaty

International Covenant on Economic, Social and Cultural Rights ICESCR

UN Document

International Covenant on Civil and Political Rights ICCPR

UN Document

African Charter on Human and Peoples' Rights (Banjul Charter)

Treaty

African Charter on Human and Peoples' Rights (Banjul Charter)

2.No one may be condemned for an act or omission which did not constitute a legally punishable offence at the time it was committed. No penalty may be inflicted for an offence for which no provision was made at the time it was committed. Punishment is personal and can be imposed only on the offender.

Treaty

African Charter on Human and Peoples' Rights (Banjul Charter)

Article 91.Every individual shall have the right to receive information. 2.Every individual shall have the right to express and disseminate his opinions within the law.

Treaty

African Charter on Human and Peoples' Rights (Banjul Charter)

Article 14The right to property shall be guaranteed. It may only be encroached upon in the interest of public need or in the general interest of the community and in accordance with the provisions of appropriate laws.

Treaty

African Charter on Human and Peoples' Rights (Banjul Charter)

Article 71.Every individual shall have the right to have his cause heard. This comprises: (a) the right to an appeal to competent national organs against acts of violating his fundamental rights as recognized and guaranteed by conventions, laws, regulations and customs in force; (b) the right to be presumed innocent until proved guilty by a competent court or tribunal; (c) the right to defense, including the right to be defended by counsel of his choice; (d) the right to be tried within a reasonable time by an impartial court or tribunal. 2.No one may be condemned for an act or omission which did not constitute a legally punishable offence at the time it was committed. No penalty may be inflicted for an offence for which no provision was made at the time it was committed. Punishment is personal and can be imposed only on the offender.

Treaty

Universal Declaration of Human Rights (UDHR)

Article 10 Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him.

UN Document

Universal Declaration of Human Rights (UDHR)

Article 11 1. Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defence. 2. No one shall be held guilty of any penal offence on account of any act or omission which did not constitute a penal offence, under national or international law, at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time the penal offence was committed.

UN Document

International Covenant on Civil and Political Rights ICCPR

UN Document

African Charter on Human and Peoples' Rights (Banjul Charter)

Treaty

Universal Declaration of Human Rights (UDHR)

Article 17 1. Everyone has the right to own property alone as well as in association with others.

UN Document

Universal Declaration of Human Rights (UDHR)

2. No one shall be arbitrarily deprived of his property.

UN Document

Universal Declaration of Human Rights (UDHR)

Article 12 No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks.

UN Document

International Covenant on Civil and Political Rights ICCPR

Article 171. No one shallbe subjected to arbitrary or unlawful interference with his privacy, family, home or correspondence, nor to unlawful attacks on his honour and reputation. 2. Everyone has the right to the protection of the law against such interference or attacks.

UN Document

African Charter on Human and Peoples' Rights (Banjul Charter)

Article 91.Every individual shall have the right to receive information. 2.Every individual shall have the right to express and disseminate his opinions within the law.

Treaty

Universal Declaration of Human Rights (UDHR)

Article 19 Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.

UN Document

International Covenant on Civil and Political Rights ICCPR

Article 191. Everyone shall have the right to hold opinions without interference. 2. Everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice. 3. The exercise of the rights provided for in paragraph 2 of this article carries with it special duties and responsibilities. It may therefore be subject to certain restrictions, but these shall only be such as are provided by law and are necessary: (a) For respect of the rights or reputations of others; (b) For the protection of national security or of public order (ordre public), or of public health or morals.

UN Document

Universal Declaration of Human Rights (UDHR)

UN Document

African Charter on Human and Peoples' Rights (Banjul Charter)

Treaty

Universal Declaration of Human Rights (UDHR)

UN Document

African Charter on Human and Peoples' Rights (Banjul Charter)

Treaty

International Covenant on Economic, Social and Cultural Rights ICESCR

UN Document

International Covenant on Civil and Political Rights ICCPR

UN Document

Supplementary Protocol A/SP.1/01/05 Amending the Preamble and Articles 1, 2, 9 and 30 of Protocol A/P.1/7/91 Relating to the Community Court of Justice and Article 4 Paragraph 1 of the English Version of the Said Protocol (ECOWAS Court Supplementary Protocol 2005)

3. Any action by or against a Community Institution or any Member of the Community shall be statute barred after three (3) years from the date when the right of action arose.

Treaty

The Court has jurisdiction to determine case of violation of human rights that occur in any Member State.

Treaty

c) Individuals and corporate bodies in proceedings from the determination of an act or inaction of a Community official which violates the rights of the individuals or corporate bodies;

Treaty

d) Individuals on application for relief for violation of their human rights; the submission of application for which shall: i. Not be anonymous; nor ii. Be made whilst the same matter has been instituted before another International Court for adjudication;

Treaty

Mayanga (Sumo) Awas Tingni Community v. Nicaragua

Inter-American Court/Commission Documents

African Charter on Human and Peoples' Rights (Banjul Charter)

rticle 14The right to property shall be guaranteed. It may only be encroached upon in the interest of public need or in the general interest of the community and in accordance with the provisions of appropriate laws.

Treaty

Universal Declaration of Human Rights (UDHR)

Article 17 1. Everyone has the right to own property alone as well as in association with others. 2. No one shall be arbitrarily deprived of his property.

UN Document

European Convention on Human Rights

ARTICLE 1Protection of propertyEvery natural or legal person is entitled to the peaceful enjoyment of his possessions. No one shall be deprived of his possessions except in the public interest and subject to the conditions provided for by law and by the general principles of international law.The preceding provisions shall not, however, in any way impair the right of a State to enforce such laws as it deems necessary to control the use of property in accordance with the general interest or to secure the payment of taxes or other contributions or penalties.

Treaty

European Convention on Human Rights

Treaty

European Convention on Human Rights

Treaty

African Charter on Human and Peoples' Rights (Banjul Charter)

Treaty

6833/74 Case of Marckx v. Belgium

EU Document

European Convention on Human Rights

Treaty

European Convention on Human Rights

Treaty

European Convention on Human Rights

Treaty

African Charter on Human and Peoples' Rights (Banjul Charter)

Treaty

African Charter on Human and Peoples' Rights (Banjul Charter)

Treaty

3. Any action by or against a Community Institution or any Member of the Community shall be statute barred after three (3) years from the date when the right of action arose.

Treaty

ECW/CCJ/JUG/09/12 Valentine Ayika v. Liberia

ECOWAS Court

ECW/CCJ/JUD/18/12 SERAP v Nigeria

ECOWAS Court

3. Any action by or against a Community Institution or any Member of the Community shall be statute barred after three (3) years from the date when the right of action arose.

Treaty

African Charter on Human and Peoples' Rights (Banjul Charter)

Treaty

African Charter on Human and Peoples' Rights (Banjul Charter)

Treaty

Universal Declaration of Human Rights (UDHR)

UN Document

Universal Declaration of Human Rights (UDHR)

UN Document

ECW/CCJ/JUD/04/13 Abdoulaye Baldé & 5 Ors v. Senegal

ECOWAS Court

African Charter on Human and Peoples' Rights (Banjul Charter)

Treaty

Universal Declaration of Human Rights (UDHR)

UN Document

European Convention on Human Rights

ARTICLE 8Right to respect for private and family life1. Everyone has the right to respect for his private and family life, his home and his correspondence.2. There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others

Treaty

Universal Declaration of Human Rights (UDHR)

UN Document

African Charter on Human and Peoples' Rights (Banjul Charter)

Treaty

European Convention on Human Rights

Treaty

African Charter on Human and Peoples' Rights (Banjul Charter)

Treaty

European Convention on Human Rights

Treaty

European Convention on Human Rights

Treaty

African Charter on Human and Peoples' Rights (Banjul Charter)

Treaty

International Covenant on Civil and Political Rights ICCPR

UN Document

Universal Declaration of Human Rights (UDHR)

UN Document

African Charter on Human and Peoples' Rights (Banjul Charter)

Treaty

Universal Declaration of Human Rights (UDHR)

UN Document

African Charter on Human and Peoples' Rights (Banjul Charter)

Treaty

African Charter on Human and Peoples' Rights (Banjul Charter)

Treaty

Universal Declaration of Human Rights (UDHR)

Article 9 No one shall be subjected to arbitrary arrest, detention or exile.

UN Document

Universal Declaration of Human Rights (UDHR)

UN Document

International Covenant on Civil and Political Rights ICCPR

UN Document

OLSSON V. SWEDEN (No. 1) ECHR, 24thMarch (1988)

EU Document

SOERING V. THE UNITED KINGDOM

EU Document

ECW/CCJ/JUD/02/12 Femi Falana & Anor v Benin & 2 Others

ECOWAS Court

ECW/CCJ/JUD/10/12 Sikiru Alade v Federal Republic of Nigeria

ECOWAS Court

ECW/CCJ/JUD/10/12 Sikiru Alade v Federal Republic of Nigeria

ECOWAS Court

ECW/CCJ/JUD/06/08 Hadijatou Mani Koraou v. Republic of Niger

ECOWAS Court

African Charter on Human and Peoples' Rights (Banjul Charter)

Article 56Communications relating to human and peoples' rights referred to in 55 received by the Commission, shall be considered if they: 1.Indicate their authors even if the latter request anonymity, 2.Are compatible with the Charter of the Organization of African Unity or with the present Charter, 3.Are not written in disparaging or insulting language directed against the State concerned and its institutions or to the Organization of African Unity, 4.Are not based exclusively on news discriminated through the mass media, 5.Are sent after exhausting local remedies, if any, unless it is obvious that this procedure is unduly prolonged, 6.Are submitted within a reasonable period from the time local remedies are exhausted or from the date the Commission is seized of the matter, and 7.Do not deal with cases which have been settled by these States involved in accordance with the principles of the Charter of the United Nations, or the Charter of the Organization of African Unity or the provisions of the present Charter.

Treaty

Velasquez-Rodriguez v Honduras

170. This conclusion is independent of whether the organ or official has contravened provisions of internal law or overstepped the limits of his authority: under international law a State is responsible for the acts of its agents undertaken in their official capacity and for their omissions, even when those agents act outside the sphere of their authority or violate internal law.

Inter-American Court/Commission Documents

ECW/CCJ/JUD/11/14 Tidjane Konte v. Ghana

ECOWAS Court

African Charter on Human and Peoples' Rights (Banjul Charter)

Treaty

Universal Declaration of Human Rights (UDHR)

Article 17 1. Everyone has the right to own property alone as well as in association with others. 2. No one shall be arbitrarily deprived of his property.

UN Document

African Charter on Human and Peoples' Rights (Banjul Charter)

Treaty

Universal Declaration of Human Rights (UDHR)

UN Document