the extant law of the Republic of Liberia to operate as a Company with interest in the Oil sector and therefore has a right to bring an action against a community official under this provision. The question to be resolved is whether the Respondent is a community official. Who then is a Community official? 49. The 7th edition of Black’s Law Dictionary, published by Bryan A. Garner defines the term “Official” as: “A person holding or saddled with the responsibilities of public office or a person authorised to act on behalf of a corporation or organization, especially in the capacity of a subordinate.” 50. Article 9 (2) of the 1991 Protocol on the Court as amended by the Supplementary Protocol 2005 of the ECOWAS Court reads as follows: “The Court shall have the power to determine any non- contractual liability of the Community and may order the Community to pay damages or make reparation for the official acts or omissions of any Community institution or Community officials in the performance of official duties or functions.” 51. In the absence of any statute defining a Community Official, it can be described as an employee of any ECOWAS Institution who occupies a position of responsibility, whose actions or omissions in the exercise of official functions on behalf of the Institution may attract vicarious liability. The above description of a Community Official is consistent with the decision of this Court in the case of Peter David v. Ambassador Ralph Uwechue, ECW/CCJ/RUL/03/10 @55 where the court held that: “The instant action can also be considered as an action for extracontractual liability against an official of the Community, who at the time of the incident was the Special Representative of the Executive Secretary of the ECOWAS in Cote d’Ivoire.” 52. It follows a Community Official can amongst others either be the head or officers of any ECOWAS institution. A member state is definitely not contemplated in Article 10 (C) as cited above. Supporting the above interpretation is the decision of this Court in the case of Linas International NIG. LTD v. Ambassador of Mali, Embassy of Mali & the Republic of Mali EWC/CCJ/JUD/02/09 @ 19; which is on all fours with the instant matter. In that 14

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