alexandre c republique du cameroon and another requete n 0082011 2011 afchpr 37 23 septembre 2011

alexandre c republique du cameroon and another requete n 0082011 2011 afchpr 37 23 septembre 2011

The Court lacks jurisdiction to hear the application because neither Cameroon nor Nigeria has made the declaration under Article 34(6) of the Protocol, and Cameroon has not even ratified the Protocol. Therefore, the application is inadmissible before the Court.

Source-derived case information.

Citation
alexandre c republique du cameroon and another requete n 0082011 2011 afchpr 37 23 septembre 2011
Parties
Applicant: Ekollo Moundi Alexandre; Respondent: République du Cameroun; Respondent: République fédérale du Nigéria
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2011
Procedural Posture
Human Rights Application / Preliminary Decision on Jurisdiction
Outcome
Application dismissed for lack of jurisdiction; matter referred to the African Commission on Human and Peoples' Rights.
Legal Topics
Jurisdiction of African Court on Human and Peoples' Rights, Direct Individual Applications, Declarations Under Article 34(6), Referral to African Commission
Source Language
en
International Human Rights Law Jurisdiction of African Court on Human and Peoples' Rights Direct Individual Applications Declarations Under Article 34(6) Referral to African Commission

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Parties

Ekollo Moundi Alexandre

Applicant

République du Cameroun

Respondent

République fédérale du Nigéria

Respondent

Procedural Posture

Human Rights Application / Preliminary Decision on Jurisdiction

  1. 1 Whether the African Court on Human and Peoples' Rights has jurisdiction to hear an application brought by an individual against Cameroon and Nigeria in the absence of the required declarations under Article 34(6) of the Protocol.

Ratio Decidendi

The Court lacks jurisdiction to hear the application because neither Cameroon nor Nigeria has made the declaration under Article 34(6) of the Protocol, and Cameroon has not even ratified the Protocol. Therefore, the application is inadmissible before the Court.

Court Disposition

Application dismissed for lack of jurisdiction; matter referred to the African Commission on Human and Peoples' Rights.

Orders

  • The Court unanimously declares it lacks jurisdiction to hear the application.
  • By seven votes to one, the Court refers the matter to the African Commission on Human and Peoples' Rights.