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Ogwuche and Others v Republic of Cote D'Ivoire and Others (Application No. 005-2024)

African Court on Human and Peoples' Rights · [2025] AfCHPR 19 · 2025 Application Partly Allowed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application to the African Court on Human and Peoples' Rights challenging proposed amendments to ECOWAS Community Court of Justice Protocol; ruling on jurisdiction
Decision
Application to proceed against six Respondent States only; nine Respondent States and one NGO applicant struck out for lack of jurisdiction

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The African Court on Human and Peoples' Rights held that it lacked jurisdiction over nine of the fifteen Respondent States because they had either not ratified the Protocol, not deposited the Declaration accepting individual access, or had withdrawn their Declaration. The Court struck out one NGO applicant lacking observer status and nine Respondent States, allowing the application to proceed only against Burkina Faso, Gambia, Ghana, Guinea Bissau, Mali, and Niger.

Outcome

Application to proceed against six Respondent States only; nine Respondent States and one NGO applicant struck out for lack of jurisdiction

Facts

Twenty-six applicants, including nationals of various ECOWAS member States and one NGO, filed an application before the African Court challenging a proposed amendment to the ECOWAS Community Court of Justice Protocol. The proposed amendment would incorporate exhaustion of domestic remedies as a prerequisite for admissibility of cases. The applicants named fifteen West African States as respondents. During the proceedings, the applicants' counsel confirmed that the NGO applicant, Campaign for Social Justice and Constitutional Democracy in Africa, did not have observer status before the African Commission on Human and Peoples' Rights. The Court examined its jurisdiction over each named respondent State based on whether each State had ratified the Protocol and deposited the Declaration under Article 34(6) accepting the Court's competence to receive cases from individuals and NGOs.

Issues

  1. Whether the Court has personal jurisdiction over the Respondent States named in the Application.
  2. Whether an NGO without observer status before the African Commission on Human and Peoples' Rights can be a party to an application before the African Court.
  3. Whether the Court should exercise its inherent power under Rule 90 to strike out parties over whom it lacks jurisdiction.

Orders

  • The following States are struck out of this Application as Respondents: Republic of Benin, Republic of Côte d'Ivoire, Republic of Cabo Verde, Republic of Guinea, Republic of Liberia, Federal Republic of Nigeria, Republic of Togo, Republic of Senegal and Republic of Sierra Leone.
  • The Application shall proceed only in respect of the Respondent States that have ratified the Protocol and deposited the Declaration being: Burkina Faso, Republic of Gambia, Republic of Ghana, Republic of Guinea Bissau, Republic of Mali, and Republic of Niger.
  • This Application is henceforth renamed as Chief Festus A. Ogwuche & 24 Others v. Burkina Faso & 5 Other States.
  • The renamed Application be served on the States earlier identified as the correct Respondents to this Application.

Rules and key headnotes

Human Rights — African Court on Human and Peoples' Rights — Jurisdiction — Personal Jurisdiction — Article 34(6) Declaration Requirement
The African Court on Human and Peoples' Rights can only exercise personal jurisdiction over a State Party if that State has ratified the Protocol and deposited a Declaration under Article 34(6) accepting the Court's competence to receive cases from individuals and NGOs.
Human Rights — African Court on Human and Peoples' Rights — Locus Standi — NGO Applicants — Observer Status Requirement
An NGO without observer status before the African Commission on Human and Peoples' Rights cannot institute cases directly before the African Court on Human and Peoples' Rights as required by Articles 5(3) and 34(6) of the Protocol.
Human Rights — African Court on Human and Peoples' Rights — Withdrawal of Article 34(6) Declaration — Effect on Jurisdiction
Where a State Party has formally withdrawn its Declaration under Article 34(6) of the Protocol, the withdrawal becomes effective one year after deposit of the instrument of withdrawal, and the Court lacks jurisdiction over that State for applications filed after the effective date of withdrawal.
Administrative Law — Judicial Powers — Inherent Powers — Rule 90 — Striking Out Parties
The African Court on Human and Peoples' Rights may exercise its inherent power under Rule 90 to strike out parties over whom it manifestly lacks jurisdiction, for purposes of judicial efficiency and the proper administration of justice.

Legislation cited (19)

  • Protocol to the African Charter on Human and Peoples' Rights on the Establishment of an African Court on Human and Peoples' Rights Article 3
  • Protocol to the African Charter on Human and Peoples' Rights on the Establishment of an African Court on Human and Peoples' Rights Article 5
  • Protocol to the African Charter on Human and Peoples' Rights on the Establishment of an African Court on Human and Peoples' Rights Article 22
  • Protocol to the African Charter on Human and Peoples' Rights on the Establishment of an African Court on Human and Peoples' Rights Article 34(6)
  • African Charter on Human and Peoples' Rights Article 1
  • African Charter on Human and Peoples' Rights Article 7
  • African Charter on Human and Peoples' Rights Article 20(1)
  • African Charter on Human and Peoples' Rights Article 20(2)
  • African Charter on Human and Peoples' Rights Article 20(3)
  • International Covenant on Civil and Political Rights Article 1
  • International Covenant on Civil and Political Rights Article 2(2)
  • International Covenant on Civil and Political Rights Article 3
  • International Covenant on Economic, Social and Cultural Rights Article 1
  • Universal Declaration on Human Rights Article 8
  • Universal Declaration on Human Rights Article 10
  • Universal Declaration on Human Rights Article 28
  • Universal Declaration on Human Rights Article 30
  • Rules of Court Rule 9(2)
  • Rules of Court Rule 90

Cases cited (4)

  • Suy Bi Gohore Emile and Others v. Republic of Côte d'Ivoire (15 July 2020)
  • Beneficiaries of Late Nobert Zongo and Others v. Burkina Faso (28 March 2014)
  • Sebastien Germain Marie Aïkoue Ajavon v. Republic of Benin (29 March 2021)
  • Karata Ernest and Others v. United Republic of Tanzania (27 September 2013)

Full judgment

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The original judgment as reported. Read the original PDF before relying on any passage.

Ogwuche and Others v Republic of Cote D'Ivoire and Others (Application No. 005-2024) [2025] AfCHPR 19 (17 June 2025)
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.