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.
The subject matter that the Court has competence to adjudicate upon
clearly does not include the enforcement of its judgments.
The jurisprudence of the Court amply supports this position. In the decided
case of KARIM MEISSA WADE v. REPUBLIC OF SENEGAL (General List No.
ECW/CCJ/APP/09/13 and Judgement No. ECW/CCJ/JUD/19/13, this Court
ruled that where it has delivered a judgment, it is up to the parties to pursue
the enforcement of same in accordance with the provisions of the
Supplementary Protocol of 19 January 2005 and the Supplementary Act on
Sanctions of 17 February 2012. (SEE ECOWAS OFFICIAL JOURNAL VOL. 60
pg. 76) Therefore, the Court declared that it lacks jurisdiction to entertain
the matter. Again in the absence of jurisdiction ratione materiae on cases
seeking for the enforcement of the Court’s judgments, the judgment of this
Court in the Suit No. ECW/CCJ/APP/12/15 between LES ETABLISSEMENTS
VAMO & ORS v. BENIN is instructive. In that case, the applicants requested
the Court to order the enforcement of its judgment dated 3rd July 2013, with
reference number ECW/CCJ/JUD/07/13 between AZIAGBEDE KOKOU & 33
ORS ETC. v. REPUBLIC OF TOGO, the Court ruled that it lacks jurisdiction to
enforce its own judgments (see ECW/CCJ/JUD/29/16).
What then is the fate of a judgment creditor in this Honourable Court? In
Article 24, the Supplementary Protocol (A.SP.1/01/05) on the Community
Court of Justice reproduced above provides methods of implementation of
14