By Francis Ameyibor
Tema, Sept. 14, GNA – The African Court on Human and Peoples’ Rights has delivered judgment on 15 cases involving Benin, Mali, Tanzania, Malawi, and Cote d’Ivoire at the ongoing 70th Ordinary Session, in Arusha, Tanzania.
The African Court’s Ordinary Session started from September 4th and expected to end on September 29th, 2023, a statement copied to the Ghana News Agency in Tema has revealed.
The judgments involve Houngue Eric Noudehouenou v. Benin; Issiaka Keita and Others v. Mali; Chacha Wambura v. Tanzania, Mang’azi Mkama v. Tanzania; Symon Vuwa Kaunda and 5 others v. Malawi; and Reuben Juma v. Tanzania.
Others include Gawani Nkende v. Tanzania; Yassini Rashid Maige v. Tanzania; Baedan Dogbo Paul & Another v. Cote d’Ivoire; Marwa Rugumba Kisiri v. Tanzania; Amos Kabota v. Tanzania; Leonard Moses v. Tanzania; and Jackson Godwin v. Tanzania.
The rest are Amina Soumare v. Mali, La Lidho, Le Midh, La Fidh and others v. Cote d’Ivoire; Mama Seidou Samiratou v. Benin, and Mulokozi Anatory v. Tanzania.
Meanwhile, Lady Justice Imani Daud Aboud, President of the African Court, has explained to the Ghana News Agency in an interview in Tema that, pursuant to Articles 3 and 4 of the Protocol, the African Court shall have jurisdiction in contentious cases and advisory matters.
In this regard, it shall deal with all cases and disputes submitted to it concerning the interpretation and application of the Charter, the Protocol, and any other relevant human rights instrument ratified by the States concerned.
It also shall render advisory opinions on any legal matter relating to the Charter or any other relevant human rights instruments, and in the exercise of its contentious jurisdiction, the African Court may promote amicable settlement in cases pending before it in accordance with the provisions of the Charter and the Protocol.
It also has the power to interpret a decision rendered by itself and review its own decision.
Procedure before the African Court consists of written and, if necessary, oral proceedings and written procedures consist of a communication to the Court and theparties’ pleadings, as well as any supporting documents.
The oral proceedings consist of a hearing of the parties, their representatives, witnesses, experts, or such other persons as the African Court may decide to hear.
Lady Justice Aboud noted that every party to a case shall be entitled to be represented or to be assisted by counsel and/or by any other person of the party’s choice.
She said pursuant to Article 10 (2) of the Protocol, the African Court may, upon request or suo motu, decide to provide, in the interest of justice and within the limits of the financial resources available, free legal assistance to any party at any stage of the proceedings.
She said the African Court also maintains a Legal Aid scheme.
Lady Justice Aboud stressed that the African Court also collaborates with the AU Commission in the management of the African Union Legal Aid Fund for African Union Human Rights Organs.
“The African Court shall not charge any fees for filing or processing an application, and unless otherwise decided by the Court, each party shall bear its own costs, if any,” she said.
On the cooperation of the States, the African Court President explained that the state parties to a case have the obligation to cooperate so as to ensure that all notices, communications, or summonses addressed to persons residing in their territory or falling under their jurisdiction are duly executed.
She said that pursuant to Article 10 (3) of the Protocol, the African Court shall, whenever necessary, request that State Parties take special measures to guarantee the security of parties, witnesses, experts, and other persons appearing before it.
Lady Justice Aboud said when the performance of any of the measures referred to in the preceding paragraphs required the cooperation of any other state, the President shall request the government concerned to provide the assistance.
GNA