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African Human Rights CLA 2.0
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معلومات
34العلاقات

ECW CCJ JUD 30 18

ECOWAS Court

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COMPOSITION OF THE COURT2
SUMMARY OF FACTS3
RELIEFS SOUGHT BY THE APPLICANT5
ISSUES FOR DETERMINATION7
LEGAL ANYLYSIS BY THE COURT9
Article 15(4) of the Revised Treaty of the ECOWAS11
Article 9: Jurisdiction of the Court13

ECW CCJ JUD 30 18

ECOWAS Court

Preview

ECCJ App no.: ECW/CCJ/APP/22/16

ECCJ Jud No.: ECW/CCJ/JUD/30/18

Type of Document

Judgement

Keywords

Implementation of Decision

Country

Benin
Burkina Faso
Cape Verde
Côte d'Ivoire
ECOWAS / ECOWAS Organ
Gambia
Ghana
Guinea
Guinea Bissau
Liberia
Mali
Niger
Nigeria
Senegal
Sierra Leone
Togo

Outcome: Ruled inadmissible

Year Decided: 11 ديسمبر 2018

Duration of Procedure: ~ 11 ديسمبر 2018

Country Geolocation

خط العرض: 11.803749

خط الطول: -15.180413

Country Geolocation (مرتبط ECOWAS Court): Guinea-Bissau

المستندات الأولية

ECW_CCJ_JUD_30_18.pdf
English
؟؟؟؟؟؟
تحميل عرض

Banjul charter

Treaty

2. Universal Declaration of Human Rights

UN Document

ECOWAS Revised treaty

ARTICLE77SANCTIONSAPPLICABLEFORNON-FULFILMENTOFOBLIGATIONSWhere aMemberState fails tofulfilits obligations to the Community, the Authoritymaydecideto imposesanctionson thatMemberState.Thesesanctionsmayinclude:(i)suspensionofnewCommunityloansorassistance;(ii)suspensionofdisbursementon on-goingCommunityprojectsorassistanceprogrammes;43 ECOWASREVISEDTREATY(iii)exclusion from presentingcandidatesfor statutory and professional posts;(iv)suspension of voting rights; and(v)suspension from participating in the activities of the Community.3.Notwithstanding the provisions of paragraph 1 of this Article, the Authority maysuspendtheapplicationoftheprovisionsof the saidArticleif it issatisfiedon thebasis of a well supported and detailed report prepared by an independent bodyand submitted through the Executive Secretary, that thenon-fulfilmentof itsobligations is due to causes and circumstances beyond the control of the saidMemberState.4.The Authority shall decide on the modalities for the application of this Article.

Treaty

Supplementary protocol

1.The Court has competence to adjudicate on any dispute relating to the following: a) The interpretation and application of the Treaty, Conventions and Protocols of the Community; b) The interpretation and application of the regulations, directives, decisions and other subsidiary legal instruments adopted by ECOWAS; c) The legality of regulations, directives, decisions and other legal instruments adopted by ECOWAS d) The failure by Member States to honor their obligations under the Treaty, Conventions and Protocols, regulations, directives, or decisions of ECOWAS; e) The provisions of the Treaty, Conventions and Protocols, regulations, directives or decisions of ECOWAS Member States; f) The Community and its officials; and g) The action for damages against a Community institution or an official of the Community for any action or omission in the exercise of official functions.

Treaty

Supplementary protocol

d) Individuals on application for relief for violation of their human rights; the submission of application for which shall: i. Not be anonymous; nor ii. Be made whilst the same matter has been instituted before another International Court for adjudication; e) Staff of any Community institution, after the Staff Member has exhausted all appeal processes available to the officer under the ECOWAS Staff Rules and Regulations;

Treaty

ECOWAS Revised treaty

2.Each Member State shall, in accordance with its constitutional procedures, takeallnecessarymeasurestoensuretheenactmentanddisseminationofsuchlegislativeandstatutorytextsasmaybenecessaryfortheimplementationoftheprovisions of this Treaty.3.Each Member State undertakes to honour its obligations under this Treaty and toabide by thedecisionsandregulationsof theCommunity.

Treaty

ECOWAS Revised treaty

4.Judgements of the Court of Justice shall be binding on theMemberStates, theInstitutions of the Community and on individuals and corporate bodies.

Treaty

Supplementary protocol

“Article 24: Method of implementation of Judgments of the Court: 1. Judgments of the Court that have financial implications for nationals of Member States or Member States are binding. 2. Execution of any decision of the Court shall be in form of a writ of execution, which shall be submitted by the Registrar of the Court to the relevant Member State for execution according to the rules of civil procedure of that Member State. 3. Upon the verification by the appointed authority of the recipient Member State that the writ is from the Court, the writ shall be enforced. 4. All Member States shall determine the competent national authority for the purpose of recipient and processing of execution and notify the Court accordingly. 5. The writ of execution issued by the Community Court may be suspended only by a decision of the Community Court of Justice.”

Treaty

Supplementary protocol

Article 9 of the Protocol on Community Court of Justice substituted. Article 9 of the Protocol relating to the Community Court of Justice is hereby deleted and substituted by the following new provisions: “Article 9: Jurisdiction of the Court. 1.The Court has competence to adjudicate on any dispute relating to the following: a) The interpretation and application of the Treaty, Conventions and Protocols of the Community;

Treaty

Supplementary protocol

d) The failure by Member States to honor their obligations under the Treaty, Conventions and Protocols, regulations, directives, or decisions of ECOWAS; e) The provisions of the Treaty, Conventions and Protocols, regulations, directives or decisions of ECOWAS Member States; f) The Community and its officials; and

Treaty

ECOWAS Revised treaty

4.Judgements of the Court of Justice shall be binding on theMemberStates, theInstitutions of the Community and on individuals and corporate bodies.

Treaty

ECOWAS Revised treaty

ARTICLE5GENERALUNDERTAKINGS1.MemberStatesundertaketo createfavourableconditionsfor theattainmentoftheobjectivesoftheCommunity,andparticularlytotakeallnecessarymeasurestoharmonisetheirstrategiesandpolicies,andtorefrainfromanyactionthatmayhinder theattainmentof the said objectives.2.Each Member State shall, in accordance with its constitutional procedures, takeallnecessarymeasurestoensuretheenactmentanddisseminationofsuchlegislativeandstatutorytextsasmaybenecessaryfortheimplementationoftheprovisions of this Treaty.3.Each Member State undertakes to honour its obligations under this Treaty and toabide by thedecisionsandregulationsof theCommunity.

Treaty

ECOWAS Revised treaty

2.TheAuthorityshallberesponsibleforthegeneraldirectionandcontroloftheCommunityandshalltakeallmeasurestoensureitsprogressivedevelopmentand the realisation of itsobjectives

Treaty

ECOWAS Revised treaty

Treaty

ECOWAS Revised treaty

4.Judgements of the Court of Justice shall be binding on theMemberStates, theInstitutions of the Community and on individuals and corporate bodies

Treaty

ECW CCJ JUD 01 04 Afolabi Oladjide v. Nigeria

ECOWAS Court

JUD ECW CCJ JUD 13 19 KARIM MEISSA WADE v SENEGAL

ECOWAS Court

ECW CCJ JUD 12 15

ECOWAS Court

JUD ECW CCJ JUD 07 13 Aziagbede kokou v. Rep of TOGO 03 07 13 vA

ECOWAS Court

Supplementary protocol

Treaty

Rules of the Court of Justice of the Economic Community of West African States.

Article 951. An application for interpretation of a judgment under Article 23 of the Protocol shall be made in accordance with Articles 32 and 33 of these Rules. In addition it shall specify: (a) The judgment in question; (b) The passages of which interpretation is sought.2. The application must be made against all the parties to the case in which the judgment was given. 3. The Court shall give its decision in the form of a judgment after having given the parties an opportunity to submit their observations and after hearing the parties. . 4. The original of the interpreting judgment shall be annexed to the original of the judgment interpreted. 5. A note of the interpreting judgment shall be made in the margin of the original of the judgment interpreted.

Treaty

ECW CCJ JUD 18 16

ECOWAS Court

ECW CCJ JUD 20 18

ECOWAS Court

ECOWAS Revised treaty

g)refer where it deems necessary anymatterto theCommunityCourtofJusticewhenitconfirms,thataMemberStateorinstitutionoftheCommunityhas failedtoiionouranyofitsObligationsor aninstitutionoftheCommunityhasactedbeyondthelimitsofitsauthorityor hasabusedthepowersconferredon it by theprovisionsof thisTreaty,by adecisionoftheAuthorityor aregulationoftheCouncil;

Treaty

ECOWAS Revised treaty

Treaty

JUD ECW CCJ JUD 13 19 KARIM MEISSA WADE v SENEGAL

ECOWAS Court

ECOWAS Revised treaty

4.Judgements of the Court of Justice shall be binding on theMemberStates, theInstitutions of the Community and on individuals and corporate bodies

Treaty

Rules of the Court of Justice of the Economic Community of West African States.

Article 871. A party applying to the Court for a decision on a preliminary objection or other preliminary plea not going to the substance of the case shall make the application by a separate document.

Treaty

Rules of the Court of Justice of the Economic Community of West African States.

Treaty

Rules of the Court of Justice of the Economic Community of West African States.

Treaty

لا تسمية3
- ECOWAS Court3
Treaties and softlaw only23
- Treaty22
- UN Document1
International cases/decisions7
- ECOWAS Court7
Geolocation1
- Countries geolocation1

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اختر نوع العلاقة

Treaties and softlaw only
International cases/decisions
Municipal law
Municipal court decision
Country
Rights Not Violated
Keywords
Outcome
Rights Alleged to be Violated
Rights Violated
Type of Document
Right Not Violated
SADC Treaty Rights Violated
SADC Treaty Rights Not Violated
ACHPR Rights Violated
ACHPR Rights Not Violated
ACHPR Provisions
Cases Referenced
Location

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