- Order the applicant to pay the entire costs;
IV- MOTIVATION
IV.1- By application dated 18 July 2014 Mr Georges Constant AMOUSSOU came
before the Community Court of Justice, ECOWAS to rule on omissions on the
head of claim in the judgment of 6 March 2014 made in the proceedings No.
ECW/CCJ/APP/07/12 initiated against the Republic of Benin;
IV.2- The Republic of Benin, in its “statement of defence” dated 31 October
2014 filed simultaneously with the substantive brief at the Registry of the Court
namely 12 November 2014, rejected the application by Mr Georges Constant
AMOUSSOU;
IV.3- He explained that an appeal on omission must be filed within one month
of service of the judgment of which rectification is sought, that Mr AMOUSSOU
Georges Constant has not demonstrated that he came before the Court with his
application within the above prescribed time, that therefore the judgment
criticized by the applicant for not having ruled on some heads of claim has
acquired the authority of res judicata;
IV.4 He relied on Articles 32.3 and 64 of the Rules of this Court and concluded
on the inadmissibility of the action by Mr AMOUSSOU;
IV.5- it results from these discussions that in 2012 the applicant applied to this
Court with two applications against the Republic of Benin, for, first, to decide
on the punishment for violations made on his rights in the course of criminal
proceedings against him and the second to seek the court to consider his case
in an expedited procedure, that this procedure registered as number
ECW/CCJ/APP/97/12 has resulted in a decision dated 6 March 2014;
IV.6 The examination of exhibits filed appears that neither the judgment of 6
March 2014, nor the act of service of this judgment were filed; But the applicant
himself argued in his pleadings that the service of the judgment was made in
reply to his express request for information made 10 July 2014 and that is
several months after the presumptive date of its delivery;
7