been heard. According to the Defendant State, if this
investigation has not yet come to an end, it is due to the
unstable political and institutional situation of the country.
A likely delay observed cannot be taken to be a lack of any
likely will from the national authorities of Guinea Bissau.
Secondly, the Republic of Guinea Bissau argued that the
Plaintiff/Applicant lacks the quality to act, knowing full
well that she « is not the officially declared wife of late
President Joao Bernardo Vieira ». Defendant State added
that pursuant to the national laws of Guinea Bissau, a man
cannot take more than one wife, officially, that any
« marriage » other than the one that is admitted cannot be
regarded as valid. The Defendant State also argued that its
national legislation does not recognize polygamy, and
averred that late President Vieira was known to be officially
married to Lady Isabel Romano Vieira, with whom he had
many children, before pointing out that the officially
recognized wife was in the late President’s residence, by his
side, when he was assassinated.
Thirdly, the State of Guinea Bissau claimed that « it is only
in a situation where the criminal proceedings ae not initiated
in the Member State that the victim can bring a case before
the regional court (…). The victim was under the obligation
to exhaust all local remedies of the Member State before
having quality to act before the ECOWAS Court of Justice. »
Finally, the Defendant State held that the sum sought as
reparation was exorbitantly fixed, and that if by any
extraordinary means the Court was made to consider it,
there is need to beat it down considerably.
6