bal
To lodge her complaint, the Applicant relies on the African Charter on
Human
and
Peoples’ Rights, the Revised Treaty of the ECOWAS,
the
Supplementary Protocol (A/SP.1/01/05) and the Rules of the Court.
£2,
Upon service of the originating Application on the 15t, 274, 3rd and qth
Defendants, they all lodged together a Defense dated 13" December,
2010 raising objections to the Application on the following grounds:
a) Lack of legal capacity to undertake the said action.
b) Lack of interest to undertake this action.
The
Defendants
on
the
1st ground
of
objection
submit
that
the
Application should be dismissed for lack of legal capacity as she is not a
staff.
14.
They cite Article 73 of the ECOWAS
Staff Regulations and Articles 9(2)
and 10(c) of the Supplementary Protocol (A/SP.1/01/05) to submit that
the Court would recognize the right of recourse of staff of ECOWAS
institutions, agencies or persons who enter into contractual relationship
with ECOWAS Institutions resulting into violations.
15.
They
state that the Applicant is not a staff of any ECOWAS
Institution,
and had failed at the said interview four (4) years before, thus a real third
party to the
therefore
does
administration
not
have
any
of the ECOWAS
locus
standi
Court
of Justice
to institute
the
and
present
application.
16,
Finally, on this note, the Defendants raise the 2>4 objection being the lack
of interest to undertake this action on the following grounds:
a) The Applicant failed at the interview.