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Citation
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Judgment date
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| December 2012 |
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Court finds Nigeria responsible for violating environmental rights in the Niger Delta, orders restoration and accountability measures.
Human Rights – Environment – Right to a general satisfactory environment – State obligation to prevent and remedy environmental degradation – Jurisdiction of ECOWAS Court to enforce ICCPR, ICESCR, and African Charter provisions – Locus standi of NGO in public interest litigation – Justiciability of socio-economic rights – Remedies for mass human rights violations.
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14 December 2012 |
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The ECOWAS Court declined to hear a human rights complaint already decided by a Nigerian court, applying the principle of res judicata.
Human rights – Res judicata – ECOWAS Court jurisdiction – Admissibility – Prior adjudication by domestic courts – Principle of finality and avoidance of duplicative judgments – Unlawful arrest, detention, and torture – African Charter on Human and Peoples’ Rights.
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14 December 2012 |
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12 December 2012 |
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12 December 2012 |
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Application for leave to file additional submissions after closure of pleadings refused for lack of justification and procedural compliance.
African Court procedure – Additional submissions – Rule 50 of the Rules of Court – Leave to file after closure of pleadings – Requirements for filing additional evidence – Application for leave refused for lack of justification and violation of procedural rules.
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7 December 2012 |
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4 December 2012 |
| November 2012 |
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14 November 2012 |
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14 November 2012 |
| October 2012 |
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31 October 2012 |
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24 October 2012 |
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The Commission struck out a human rights communication for lack of diligent prosecution after complainants failed to pursue their case.
African Charter on Human and Peoples’ Rights – Striking out communication – Lack of diligent prosecution – Procedural requirements – Amicable settlement – Failure to respond to Commission’s requests.
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22 October 2012 |
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The DRC's confiscation of property and denial of a fair hearing violated the Noca family's rights to equality, justice and property.
Human rights – right to property – deprivation of property by State based on repealed legislation – equality before the law – fair hearing – state obligation to provide effective remedy and restore property or compensate victim – African Charter on Human and Peoples’ Rights, Articles 3, 7.1(c), 14.
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22 October 2012 |
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19 October 2012 |
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19 October 2012 |
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17 October 2012 |
| September 2012 |
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25 September 2012 |
| August 2012 |
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30 August 2012 |
| July 2012 |
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26 July 2012 |
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19 July 2012 |
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Marriage dissolved for breakdown beyond reconciliation due to respondent's unreasonable behaviour and abandonment; custody to respondent.
Family law — Divorce — breakdown beyond reconciliation under Matrimonial Causes Act (Act 367) — unreasonable behaviour (denial of sexual intimacy, neglect of marital/maternal duties, leaving matrimonial home) — procedural: respondent’s absence and dismissal of cross-petition — custody and maintenance orders.
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17 July 2012 |
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4 July 2012 |
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4 July 2012 |
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1 July 2012 |
| June 2012 |
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The Court held it lacked jurisdiction over an application seeking to nullify Article 34(6) of the Protocol against the African Union.
International law – African Union – Jurisdiction of African Court on Human and Peoples’ Rights – Article 34(6) of Protocol – Access to court by individuals and NGOs – Whether African Union can be sued – Locus standi and ratione personae under the Protocol.
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26 June 2012 |
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The Court dismissed the application for lack of jurisdiction as the respondent State had not made the requisite Article 34(6) declaration.
International human rights law – African Court on Human and Peoples' Rights – jurisdiction of Court – requirement for State declaration under Article 34(6) – applications by individuals or NGOs – lack of jurisdiction – interim measures in absence of jurisdiction.
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26 June 2012 |
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13 June 2012 |
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13 June 2012 |
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An application for alleged human rights violations was held inadmissible where domestic courts had already decided the same issues.
Human rights – ECOWAS Court jurisdiction – res judicata – inadmissibility – prior adjudication by domestic court – application for same reliefs – no new claims or evidence of non-compliance.
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12 June 2012 |
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6 June 2012 |
| May 2012 |
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30 May 2012 |
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30 May 2012 |
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30 May 2012 |
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30 May 2012 |
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23 May 2012 |
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22 May 2012 |
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22 May 2012 |
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22 May 2012 |
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A Community citizen lacks standing to challenge an ECOWAS administrative act unless directly and personally affected by it.
Access to the ECOWAS Court – locus standi – Community citizen versus direct and immediate interest – administrative acts of Community institutions – reinstatement of official – requirements for standing under Article 10 of the Protocol – human rights jurisdiction – dismissal for lack of capacity and legal interest.
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16 May 2012 |
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16 May 2012 |
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9 May 2012 |
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9 May 2012 |
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9 May 2012 |
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State liability for torture established; constructive exhaustion of remedies applied where fear prevented access to local courts.
Torture and cruel, inhuman or degrading treatment – admissibility – constructive exhaustion of local remedies – state’s obligation to investigate and redress torture – evidentiary burden in human rights claims – right to life, liberty, fair trial, association, and property – interpretation of Articles 4, 5, 6, 7, 10, and 14 of the African Charter.
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2 May 2012 |
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Zimbabwe violated the right to life and failed to provide effective remedies and compensation for wrongful killings by state agents.
Human rights – right to life – extra-judicial killings – excessive use of force by law enforcement – right to effective remedy – state obligation to provide effective and satisfactory compensation to bereaved families – domestic remedies – law reform – violation of Articles 1 and 4 African Charter.
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2 May 2012 |
| April 2012 |
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25 April 2012 |
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25 April 2012 |
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25 April 2012 |
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25 April 2012 |
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18 April 2012 |
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18 April 2012 |
