Competence.
21. The Revised Treaty of 1993 is the supreme law of ECOWAS, and it may be
called its Constitution. By Article 89 of the Revised Treaty, Protocols made
pursuant thereto shall fo1111 an integral part thereof.
22. The C01m1mnity Court of Justice (CCJ) was established by virtue of Article 15
(1) of the Revised Treaty. The status, composition, power, procedure and other
issues conce1ning the Court are contained in its 1991 Protocol. The competence of
the Court is set out in Articles 9 and 10, By Article 32 of the 1991 Protocol, the
Court was empowered to establish its o,vn Rules of Procedure.
23. The 1991 Protocol and the Supplementary Protocol both set out what
jurisdictional competence the Court shall have. The difference in the two is that the
competence is more expansive in the Supplementary Protocol than in the 1991
Protocol. The Supplementary Protocol did not touch any of the processes set out in
the Courfs Rules of Procedure in invoking the Court's competence.
24. Ivir. Onuora rightly set out the distinction between substantive and procedural
laws when he said that "as a general rule, laws which fix duties, establish rights and
responsibilities among and for persons natural or otherwise are substantive laws in
character while those which merely prescribe the manner in which such rights and
responsibilities may be exercised and enforced in a Court are procedural law."
25. Thus a distinction is to be drawn between the Protocol that establishes the Court
and defines its competence which is substantive and the Rules of Procedure which
is procedural.
Concerning the application for voluntary intervention
26. On 30 Noven1ber 2004 J. I. Alinnor, represented by his Counsel, filed an
application to be allowed to intervene in the instant case. The ground for the
application was that he is the owner of the seized goods. The party was heard on 8
7
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