The African Court of Justice and the African Court on Human and People’s Rights were merged by virtue of the Protocol on the Statute of the African Court of Justice and Human Rights into a single court. African Court of Justice and Human Rights which from now on, in this paper will be referred to as the ACJHR. I will look at the formation of the ACJHR, its development, the criticisms, the functions and so forth.
2. Formation of the African Court of Justice and Human Rights
On 9 July 2002, the OAU was formally replaced by the AU. In July 2003, the AU Assembly of Heads of State and Government adopted the Protocol of the Court of Justice of the AU (ACJ Protocol). On 8 July 2004, the AU Assembly decided to merge the ACHPR with the ACJ (Olufemi.2011:20:45).
The decision to merge the two courts was based on the need to rationalise the existence of the two courts and to make them cost effective. In mid-2008, African leaders voted to establish the ACJHR to serve as the main judicial organ of the AU. As previously mentioned, the legal agreement establishing the court is now open for signature and ratification by African states (Mashood.2010:20-249).
3. Development of the ACJHR in the African system
It is worth noting at the outset that the ACJHR, whose main purpose is to serve as the principal judicial organ of the AU, is not yet functional. The ACJHR was established by the Protocol on the Statute of the African Court of Justice and Human Rights. http://www.au.int/en/sites/default/files/PROTOCOL_STATUTE_AFRICAN_COURT_
JUSTICE_AND_HUMAN_RIGHTS.pdf [28 August 2013]
The ACJHR Protocol was adopted at an AU Summit in Sharm El-Sheikh, Egypt, on 1 July 2008. The ACJHR Protocol and the Statute annexed to it will enter into force thirty days after the deposit of the instruments of ratification by fifteen member states. Only five states which were Libya, Mali, Burkina Faso, Congo and Benin, these countries have ratified the ACJHR Protocol as at the time of