Constitutionality or legality of instruments adopted by national
authorities. That mandate is assigned to domestic Courts of
Member States, and the ECOWAS Court of Justice cannot assume
their role. In examining the cases brought before it, the ECOWAS
Court of Justice shall refer exclusively to the norms of International
law as binding on Member States who have subscribed thereto″.
In CPD and others Vs. Burkina Faso, delivered on the 13th of July,
2015 at (pp 24- 25) ; The Court stated as follows ;
The Court has indeed always reiterated that it is not a body set up
with a mandate for settling cases whose subject matter is the
interpretation of the law or the constitution of the Member States of
ECOWAS. (Unless where they have a direct bearing on the
consideration of whether the law or Act constitutes a violation of
States International human rights treaty obligation). The first is that
the present judicial argument must be devoid of reliance on
domestic law, be it the constitution of Burkina Faso or any other
norms whatsoever related to the constitution of Burkina Faso
(Words in parenthesis is ours).
2. The Applicants on two occasions (pages 3 and 9 of the
Application) averred acting ‘for and on behalf of all the prisoners’
awaiting the enforcement of the capital punishment which has
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