I-
GROUNDS FOR THE JUDGMENT
As to form
1. On the order to set aside the case, due to lack of
quality of the Collectif des Associations contre
l’Impunité au Togo raised by Defendant
36. Whereas Article 12 of Protocol (A/P1/7/91) of 6
July 1991 on the Community Court of Justice,
ECOWAS provides that: « Each party to a dispute
shall be represented before the Court by one or
more agents nominated by the party concerned for
this purpose. The agents may, where necessary,
request the assistance of one or more Advocates or
Counsels who are recognised by the laws and
regulations of the Member States as being
empowered to appear in Court in their area of
jurisdiction.
37.
Whereas in the instant case, Mr.
AGBETOGNON Koffi is represented by the Collectif
des Associations contre l’Impunité au Togo;
thus he did not represent himself in Court;
38.
However, whereas there was no trace of
mandate given to the said Collectif by Mr.
AGBETOGNON Koffi, to represent him in Court;
39.
Indeed, whereas since representation
before Court must be through a legal document,
that
is
mandate,
through
which
the
Plaintiff/Applicant gives full power to an
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