Wakilii

Woyome v Republic of Ghana (Application No. 001-2017)

African Court on Human and Peoples' Rights · [2017] AfCHPR 121 · 2017 Provisional Measures Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for provisional measures before the African Court on Human and Peoples' Rights arising from alleged violations of the African Charter
Decision
Provisional measures granted; main Application to proceed to hearing on the merits

Observed later treatment

No later-treatment classification is recorded for this judgment.

Citator coverage is limited to judgments in the Wakilii corpus and source-matched treatment records. Absence of a signal is not an assertion that the case remains good law.

AI-generated summary. This summary was generated by AI from the full text of the judgment. It may contain errors or omissions—always read the source judgment before relying on it.

Holding

The African Court on Human and Peoples' Rights unanimously granted provisional measures ordering the Republic of Ghana to stay attachment and sale of the Applicant's property pending determination of the main Application. The Court found it had prima facie jurisdiction and that the situation was of extreme gravity and urgency, as the Applicant would suffer irreparable harm if his property were sold before the merits were decided.

Outcome

Provisional measures granted; main Application to proceed to hearing on the merits

Facts

The Applicant, a Ghanaian national, alleged he provided engineering financial services to the Respondent State for securing funds to rehabilitate the Accra and Kumasi Sports Stadia for the 2008 African Cup of Nations Tournament. The Supreme Court of Ghana issued a judgment on 8 June 2017 requiring the Applicant to refund Ghana Cedi 51,283,480.59, finding the procurement process unconstitutional. The Respondent State commenced execution proceedings to seize the Applicant's immovable properties. The Applicant filed an application before the African Court alleging violations of the African Charter and sought provisional measures to stay execution pending determination of his substantive claims.

Issues

  1. Whether the Court has prima facie jurisdiction to hear the Application.
  2. Whether the circumstances warrant the grant of provisional measures to stay execution of the Supreme Court judgment requiring the Applicant to refund Ghana Cedi 51,283,480.59.
  3. Whether the situation is of extreme gravity and urgency such that irreparable harm would result without provisional measures.

Orders

  • The Respondent State shall stay the attachment of the Applicant's property.
  • The Respondent State shall take all appropriate measures to maintain the status quo and to avoid the property being sold until this Application is heard and determined.
  • The Respondent State shall report to the Court within fifteen (15) days from the date of receipt of this Order on the measures taken to implement this Order.

Rules and key headnotes

Human Rights — Provisional Measures — Prima Facie Jurisdiction
In ordering provisional measures, the Court need not satisfy itself that it has jurisdiction on the merits of the case, but simply needs to satisfy itself, prima facie, that it has jurisdiction.
Human Rights — Provisional Measures — Test for Grant
Under Article 27(2) of the Protocol, the Court may adopt provisional measures in cases of extreme gravity and urgency when necessary to avoid irreparable harm to persons.
Human Rights — Provisional Measures — Preservation of Status Quo
Where a state is in the process of executing a court judgment by seizing an applicant's property, and the applicant would suffer irreparable harm if the property were sold before the merits are decided, the circumstances warrant an order for provisional measures to preserve the status quo.

Legislation cited (7)

  • African Charter on Human and Peoples' Rights Article 2
  • African Charter on Human and Peoples' Rights Article 3
  • African Charter on Human and Peoples' Rights Article 7
  • Protocol to the African Charter on Human and Peoples' Rights on the Establishment of an African Court on Human and Peoples' Rights Article 3(1)
  • Protocol to the African Charter on Human and Peoples' Rights on the Establishment of an African Court on Human and Peoples' Rights Article 27(2)
  • 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)
  • Constitution of the Republic of Ghana 1992 Article 40

Cases cited (3)

  • African Commission on Human and Peoples' Rights v Libya (Application No. 002/2013)
  • African Commission on Human and Peoples' Rights v Kenya (Application No. 006/2012)
  • African Commission on Human and Peoples' Rights v Libya (Application No. 004/2011)

Full judgment

↓ Download PDF

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

Woyome v Republic of Ghana (Application No. 001-2017) [2017] AfCHPR 121 (24 November 2017)
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.