African Union Says It Can’t Be Sued By Nigerian Lawyer

The African Union has told the African Court on Human and Peoples’ Rights in Arusha Tanzania that Nigeria’s human rights lawyer,  Femi Falana “has no right to access the African Court on Human and Peoples’ Rights, and has no claim either in law or in fact against the AU.”

The AU was responding to the application brought against it by Falana.

Falana had argued in his application that he was denied “access to the African Court due to the failure of Nigeria to make a declaration accepting the competence of the Court to accept individual cases against Nigeria.” He also alleged violation of his right to participate in the government of his country; right to the public services, and freedom from discrimination.”

In response, the African Union (AU) said that, “The applicant fails to state a claim against the African Union either in law or in fact upon which any relief may be granted. The AU is not a party to the African Charter on Human and Peoples’ Rights nor the Protocol establishing the African Court on Human and Peoples’ Rights.”

The AU also argued that “no case can be brought against it for obligations of Member States under the African Charter and the African Court protocol. Besides, the Applicant has not shown any traceable causal connection whatsoever between the AU and his lack of access to the African Court. There is therefore no case between the Applicant and the AU to be decided by the Court.”

The AU also said that it is “not entitled to submit cases to the Court. We submit that it is the sovereign right of its member states to make declaration at the time of the ratification of the African Court Protocol accepting the competence of the Court to receive cases from NGOs with observer status and individuals before the Commission.”

The AU said that, “the African Court Protocol and its provisions can only be void if there is a conflict with a peremptory norm of general international law. Therefore, Article 34(6) of the Protocol is not illegal or invalid. We also deny that the Applicant’s right to freedom from discrimination, fair hearing and equal treatment, among others, contrary to the African Charter have been violated by the AU. Article 7 of the African Charter does not offer the Applicant unrestricted access to the African Court.”

According to the AU, “The Applicant’s right to participate in the government of his country, to equal access to the public service and to access to public property and services has nothing to do with the AU. Even if the Applicant has a right of access to the Court, (which is denied), he should have exhausted the local remedies in Nigeria as required by the African Court Protocol.