Acuil v Attorney General of the Republic of South Sedan and Another
Acuil v Attorney General of the Republic of South Sedan and Another (Reference No.4 of 2018) [2021] EACJ 8 (8 October 2021) (First Instance Division)
The Court held that it lacked jurisdiction to entertain the Reference because the impugned acts occurred in 2014, prior to South Sudan's accession to the East African Community in April 2016. The principle of non-retroactivity of treaties precludes the application of the Treaty to acts or situations predating membership, and no contrary intention was established. Furthermore, the Reference was time barred under Article 30(2) of the Treaty, as it was filed more than two months after the acts complained of, and the Court has no power to extend the limitation period or recognize ongoing violatio…
Source excerpt
- Jurisdiction Of Regional Courts
- Non Retroactivity Of Treaties
- Time Limitation
- Rule Of Law Principles
- Bar Association Governance