is that the Supplementary Protocol is procedural in nature and effect and for that
reason it has reh·ospective effect in law.
18. b1 the case of Barbieri vs Mon-is, Mo; 315 S.W. 2d 711 at page 714) it was said
that retroactive laws are generally defined from a legal viewpoint as those which
take away or impair vested rights acquired under existing laws, create new
obligations, impose a new duty or attach a new disability in respect to the
h·ansactions or considerations already past. In other words it is a law that is
intended to act on things, which are past.
19. Another important definition is to be found in the case of Bear Val Mutual
Water Co. vs. San Benrnrdino County) 242 Cal. App. 2d) 68, ·where it was stated
that a reh·ospective law is one which looks backward or contemplates the past, one
which is made to affect acts or facts occurring, or rights accruing, before it came
into force. Every statute, which takes away or impairs vested rights acquired under
existing laws, or creates a new obligation, imposes a new duty, or attaches a new
disability in respect of h·ansactions or considerations already past. One which
relates back to a previous h·ansaction and gives it a different legal effect from that
which it had under the law when it occurred.
20. Counsel submitted that the intention of ECOWAS was to make the
Supplementaiy Protocol have retrospective effect. Rather unfortunate to recall,
Counsel did not refer to even a single vvord in the entire Supplementary Protocol
from which the remotest implication could be made that it should have
retrospective effect. Counsel did not say in what way it was procedural. Fron1
Counsels' own submission, the Supplementary Protocol is a law that creates rights,
albeit the right of access to the Court to individuals, thus it is substantive law. By
implication too, since there is nothing on the face of the Supplementaiy Protocol
that it should be retrospective, it should not be given that effect.
6
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