Challenges and Prospects of the African Court of Justice and Human Rights

Abstract

The idea to merge the African Court of Human and Peoples Rights with the
African Court of Justice to form a new judicial body called African Court of
Justice and Human Rights was initiated by the then Chairperson of the African
Union and former President of Nigeria; Olusegun Obasanjo in 2004. The major
arguments of President Obasanjo for merging the two courts included cost
savings and a need to rationalise pan-African institutions. Four yeas after the
protocol was adopted, the court still lacks the minimum number of 15 States
ratifications for it to enter into force. This again is a reflection of the
unwillingness of African leaders to fast track human rights promotion and
protection in the continent. The Protocol of this court appears to entrench
sweeping powers on the Court to try all cases involving human rights violations
in the continent and this will mean an abrupt end for the era of impunity for
political leaders in Africa. Even though the protocol is yet to receive the
minimum number of ratifications, the court have already started functioning
based on the transition arrangement enshrined in Article 1 of the merger
protocol. This paper therefore will espouse the challenges and prospects of the
merged African Court of Justice and Human Rights.