Article 9(1) & 10(e) & (d) of the Supplementary Protocol (A/P.1/01/05)
amending Article 9(1) of the Protocol relating the Community Court of
Justice (A/P.1/7/91);
Article 23 of the Protocol (A/P.1/7/91) on the Community Court of
Justice;
Article 5(2) & (3) and 15(4) of the Revised Treaty of the ECOWAS;
Article 95 of the Rules of Community Court of Justice; and
Under the Inherent jurisdiction of the Court.
It is the case of the 16th and 17th Defendants that this Court lacks jurisdiction
to entertain the Plaintiff’s suit because the said suit does not comply with
the applicable laws for the enforcement of its judgements particularly Article
24 of the Protocol, A/P.1/7/91. The Applicants, therefore, conclude that by
hearing the suit, this Court will be acting ultra vires its jurisdiction.
The Plaintiff in his response to the preliminary objection by the 16th & 17th
Defendants, failed to admit that, by his suit, he is seeking enforcement of the
judgment of this Court but claims his action is seeking declaratory reliefs
pursuant to which enforcement action may be taken in other member states
of ECOWAS , and an order against the 16th & 17th Defendants, directing them
to carry out their obligations under the Revised Treaty of ECOWAS, in the
light of the 1st Defendant’s refusal to honour its treaty obligations. The
Plaintiff maintains that his suit falls squarely within the jurisdiction of this
court as provided for in Article 9(1) (a), (d), (e) and (f) of the Supplementary
Protocol, (A/P.1/01/05). The Plaintiff affirms that the subject matter of his
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