C. REGARDING COUNTER-CLAIMS AND DAMAGES FOR ABUSE OF COURT PROCESS 69.The Court recalls that abuse in the exercise of a right is constituted by a manifest offence such as fraud or bad faith, a gross misdemeanour of deceit, or an intention to cause harm. 70.In the case at hand, the pleading of the Republic of Niger describes the instant procedure as an abuse of court process. It also claims that the action is vexatious and of bad faith towards the interests of the Republic of Niger, but it does not bring evidence of the offence committed by the Applicant who initiated the process, his alleged gross misdemeanour, his bad faith, or his intention to harm. 71.Consequently, the said request, as made by the Republic of Niger, is illfounded. 72.The request is hereby dismissed. D. REGARDING COSTS 73.In the terms of Article 66 of the Rules of Procedure of the Community Court of Justice, ECOWAS, “The unsuccessful party shall be ordered to pay the costs if they have been applied for in the successful party’s pleadings.” 74.In the instant case, both Parties are unsuccessful. 75.Moreover, each of the two Parties expressly applied for costs to be awarded against the other. 76.Thus, each Party shall bear its own costs. Translator : E. Nkansah 17