The 5 man panel led by Hon Justice Awa Daboyo Nana, the President of the ECOWAS Community Court of Justice has adjourned the case between Kpatcha Gnassingbe, 27 others and the Republic of Togo brought before the Court to 10th December 2012 at Ibadan, Oyo State where judgement will be passed on the case.
Making appearance for the applicants were Barr Ata Messan Zeus Ajavon, Djovi Gally, Vienyemenu Florent Jonas Sokpo, Kossi Jil-Benoit Afangedji, Nyama Raphael Kpande Adzare and Darius Kokou Atsoo.
While representing the Republic of Togo were Barr Gabriel Archange Dossou, Ohini Kwao Sanvee and Edah N’djelle. Earlier while making a plea for preliminary objections, Barr Dossou argued that because the case had earlier been handled by a trial Judge and also presented before the Supreme Court , the ECOWAS Court lacked the Competence to handle the case and thus pleaded for Justice Nana to strike it out.
While speaking with one of the Counsel to the Applicant, Barr Atsoo, he noted that Article 9 sub section 4 of the Supplementary protocol of the ECOWAS Court States that ” The Court has Jurisdiction to determine cases of violation of Human Rights that Occur in Member States”.
Thus he asserted that it is important for the Court to retain its competence as it is the only way to protect the fundamental human rights of citizens of member states of ECOWAS.
He also expressed shock that Defense Counsel were ignorant of the workings of the ECOWAS Court.
Barr Atsoo informed that the Chairman of the National Human Rights Commission of Togo had fled the country on self exile as there were fresh facts arising from the investigation his Commission carried out that infringed on the rights of the Applicants. The original reports of the NHRC were falsified and the real report government counsel presented doctored.
Similarly contrary to the allegations that Kpatcha Gnassingbe plotted a Coup, it was actually a case of attempted assasination of Kpatcha and that it was a case of heritage rivalry and true situation was that when the attempt to assasinate Kpatcha failed the story line changed that he plotted a Coup. When the actual case is heritage problem left by their father Gnassingbe Eyadema thus a family case. There had always been conflict between the Head of State and his brother Kpatcha the Former Minister of Defense.
While making their presentation to the Presiding Judge, the Applicants Counsel, prayed for her court to grant as compensation 150million Francs for the debasement and torture the Applicants suffered while the Defense Counsel noted that the State of Togo had offered Kpatcha 27 million Francs and others different amount.
Barr Atsoo is optimistic that Justice will be delivered at the end of the day for the Applicants at Ibadan come December 10th 2012.
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