it will not examine any legislative or judicial decision taken by Member
State. Indeed as concerns judicial decisions the Court will not constitute
itself into an appellate court to sit over judgments of National Courts.
47. While this is a general principle, it is however not of general application,
as such national actions and or decisions are subject to compliance with
international human rights standards. In this wise, the Court has reiterated
in several decisions that it will assume jurisdiction and examine either
legislative or judicial decisions when violation of human rights have been
alleged therein. Reiterating the above, the Court held that, “it is not an
appellate court and will only admit cases from national courts where
human rights violations were alleged in the course of the proceedings.
See JUSTICE PAUL UUTER DERRY & 2 ORS V. THE REPUBLIC OF GHANA
UNREPORTED ECW/CCJ/JUD/17/19 PAGE. 28.
48. This issue was finally put to rest when the Court held that; “… It has
severally drawn a distinction between its lack of jurisdiction to examine
the decisions of national courts and its jurisdiction to hear cases of human
rights abuses arising therefrom. The Court has consistently held that it
cannot sit on appeal over decisions of national Courts of Member States.”
See FINANCE INVESTMENT & DEVELOPMENT CORPORATION (FIDC) V.
REPUBLIC OF LIBERIA UNREPORTED ECW/CCJ/JUD/23/18 PAGE. 11. See also
HADIJATOU MANI KORAOU V. REPUBLIC OF NIGER ECW/CCJ/JUD/06/08 PAGE
13; NNENNA OBI V FEDERAL REPUBLIC OF NIGERIA JUDGMENT NO.
ECW/CCJ/APP/JUD/27/16 PAGE 13-14; MESSRS ABDOULAYE BALDE & ORS V REP
OF SENEGAL ECW/CCJ/JUD/04/13 PAGE 22.
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