of this Court, but they are not the same with the present Application. Cases
pending before two Courts are considered the same if and only if the parties are
the same and the subject matter is the same.
Where, therefore, as in this case, the parties and the subject matter of the
proceedings are not the same, the Defendant’s contention on the similarity of
the cases cannot be sustained. For the avoidance of doubt, this Court is a special
one and vested with special jurisdiction and its visibility is mainly in the area of
the protection and enforcement of human rights. It does not exercise, appellate
or supervisory jurisdiction over Domestic Courts of Member States.
As this Court stated in Dr. MAHAMAT SEID ABAZENE Vs. REPUBLIC OF MALI
“The Court is not a Court of Appeal against decisions delivered by National
Courts of ECOWAS Member States regarding their area of jurisdiction”.
It is a Court of sui generis character whose jurisdiction is founded on alleged
violation of human rights of individuals by Member States of ECOWAS and it
must act within the ambit of those powers
Accordingly, this Application is declared admissible.
Consequently,
FOR THESE REASONS
The Court
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