Code also of the Defendant, is legally faulty. For the avoidance of
doubt bringing this Application on these planks is unfounded. This
is because this Court is a Sub-Regional International Court that
does not derive its powers or jurisdiction from any of the domestic
laws of Member States of the Economic Community of West
African States (ECOWAS). The Court’s powers are as contained in
the 1991 Treaty relating to the Court and the Supplementary
Protocol of 2005.
8. ISSUES FOR DETERMINATION IN THIS PRELIMINARY OBJECTION.
From an analysis of the Defendant’s Preliminary Objection together with
the argument and pleas in law in support, as well as the Reply of the
Applicant, two major issues call for the determination of this Court,
namely;
i.
Whether from the totality of the facts
presented by the Applicant, the subject
matter of this proceeding falls within the
jurisdiction of this Court.
ii.
Whether the pendency of the case or similar
cases before the Municipal Courts of the
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