11.
To lodge her complaint, the Applicant relies on the African Charter on
Human and Peoples' Rights, the Revised Treaty of the ECOWAS, the
Supplementary Protocol (A/SP.1/o1 j 05) and the Rules of the Court.
12.
Upon service of the originating Application on the
1st, 2nd, 3rd
and 4th
Defendants, they all lodged together a Defense dated 13th December,
2010 raising objections to the Application on the following grounds:
a) Lack of legal capacity to undertake the said action.
b) Lack of interest to undertake this action.
13.
The Defendants on the 1st ground of objection submit that the
Application should be dismissed for lack of legal capacity as she is not a
staff.
14.
They cite Article 73 of the ECOWAS Staff Regulations and Articles 9(2)
and 10(c) of the Supplementary Protocol (A/SP.1/01/os) to submit that
the Court would recognize the right of recourse of staff of ECOWAS
institutions, agencies or persons who enter into contractual relationship
with ECOWAS Institutions resulting into violations.
15.
They state that the Applicant is not a staff of any ECOWAS Institution,
and had failed at the said interview four (4) years before, thus a real third
party to the administration of the ECOWAS Court of Justice and
therefore does not have any locus standi to institute the present
application.
16.
Finally, on this note, the Defendants raise the
2nd
objection being the lack
of interest to undertake this action on the following grounds:
a) The Applicant failed at the interview.
6