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Suleiman v African Union and African Union Commission (Ruling) (Application No. 014-2024)

African Court on Human and Peoples' Rights · [2025] AfCHPR 5 · 2025 Application Dismissed — Lack of Jurisdiction AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application filed against the African Union and African Union Commission challenging the nomination process for the position of Chairperson of the African Union Commission
Decision
Application dismissed for manifest 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 manifestly lacks jurisdiction to consider an application filed against the African Union and the African Union Commission. The Court's jurisdiction under Article 3 of the Protocol extends only to cases against State Parties to the Protocol. As international organisations that are not parties to the Protocol, the AU and AUC cannot be subject to legal obligations arising from it, consistent with the Vienna Convention and the Court's precedent in Femi Falana v. African Union.

Outcome

Application dismissed for manifest lack of jurisdiction

Facts

In February 2024, the African Union invited applications for the position of Chairperson of the African Union Commission, publishing requirements including leadership skills and vision to advance Agenda 2063. The Applicant, a Nigerian national who was not a candidate, filed an application in the public interest on behalf of all adult Africans. He alleged that the pre-selection process was flawed because nominated candidates' qualifications were not properly vetted and some did not meet the published requirements. The Application was filed on 1 October 2024 and registered on 29 January 2025. The Respondents did not file a Response.

Issues

  1. Whether the African Court on Human and Peoples' Rights has jurisdiction to consider an application filed against the African Union and the African Union Commission, which are not State Parties to the Protocol.

Orders

  • The Court holds that it manifestly lacks jurisdiction to consider the Application.

Rules and key headnotes

Jurisdiction — International Courts — Ratione Personae
The jurisdiction of the African Court on Human and Peoples' Rights extends only to cases filed against State Parties to the Protocol to the African Charter on Human and Peoples' Rights on the establishment of an African Court on Human and Peoples' Rights, and does not extend to international organisations that are not parties to the Protocol.
Treaty Law — International Organisations — Legal Obligations
An international organisation that is not a party to a treaty cannot be subject to legal obligations arising from that treaty, in accordance with Article 34 of the Vienna Convention on the Law of Treaties between States and International Organizations.

Legislation cited (6)

  • African Charter on Human and Peoples' Rights Article 13
  • International Covenant on Civil and Political Rights Article 25
  • 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 34(6)
  • Vienna Convention on the Law of Treaties between States and International Organizations Article 34

Cases cited (1)

  • Femi Falana v. African Union (Jurisdiction) (26 June 2012) 1 AfCLR 118

Full judgment

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

Suleiman v African Union and African Union Commission (Ruling) (Application No. 014-2024) [2025] AfCHPR 5 (12 February 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.