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HON. JUSTICE HANSINE N. DONLI PRESIDING JUDGE MEMBER HON. JUSTICE M. RAMOS MEMBER HON. JUSTICE ELIAM M. POTEY JUSTICE HANSINE N. DONLI PRESIDING JUDGE REGISTRAR • 21 I

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JUDGMENT2
PARTIES2
PROCEDURE2
FACTS OF THE CLAIM3
FACTS OF THE DEFENCE5
LEGAL ARGUMENTS FOR THE PLAINTIFFS5
LEGAL ARGUMENTS OF THE DEFENDANT.6
ANALYSIS OF THE COURT.6
Jurisdiction of the Court.8
State Responsibility10
REPARATION/DAMAGES17
DECISION18
COSTS20

ECW/CCJ/JUD/11/14 Tidjane Konte v. Ghana

ECOWAS Court

Preview

ECCJ App no.: ECW/CCJ/APP/17/12

ECCJ Jud No.: ECW/CCJ/JUD/11/14

Type of Document

Judgement

Keywords

Armed Robbery Allegations
Complicity in Crime
Damages and Compensation
Offences by State agents in private capacity
Personal security
Police Brutality and Offences
Reparations / Remedies
Right to Property
Theft

Country

Ghana

Outcome: Decided on Merits

Year Decided: May 13, 2014

Rights Alleged to be Violated (ECOWAS Treaty)

ECOWAS 4g: Recognition, promotion and protection of human and peoples' rights

Rights Not Violated (ECOWAS Treaty)

ECOWAS 4g: Recognition, promotion and protection of human and peoples' rights

African Charter Rights Alleged to be Violated

ACHPR 14: Right to Property

African Charter Rights Violated

ACHPR 14: Right to Property

Duration of Procedure: Oct 4, 2012 ~ May 13, 2014

Country Geolocation

Latitude: 7.946527

Longitude: -1.023194

Country Geolocation (linked ECOWAS Court): Ghana

Primary Documents

JUD-ECW-CCJ-JUD-11-14-Tidjane Konte v. Rep of GHANA-13_05_14-vA.pdf
English
Download View

ECOWAS Court Rules of Procedure

Article 321. The original of every pleading must be signed by the party's agent or lawyer. The original, accompanied by all annexes referred to therein, shall be lodged together with five copies for the Court and a copy for every other party to the proceedings. The party lodging them in accordance with Article 11 of the Protocol shall certify copies. 2. Institutions shall in addition produce, within time limits laid down by the Court, translations of all pleadings into the other languages provided for by Article 25(1) of these Rules. 3. All pleadings shall bear a date. In the reckoning of time limits for taking steps in proceedings, only the date of lodgment at the Registry shall be taken into account. 4. To every pleading there shall be annexed a file containing the documents relied on in support of it, together with a schedule listing them. 5. Where in view of the length of a document only extracts from it are annexed to the pleading, the whole document or a full copy of it shall be lodged at the Registry. 6. Without prejudice to the provisions of paragraphs 1 to 5, the date on which a copy of the signed original of a pleading, including the schedule of documents referred to in paragraph 4, is received at the Registry by telefax or other technical means of communication available to the Court shall be deemed to be the date of lodgment for the purposes of compliance with the time- limits for taking steps in proceedings, provided that the signed original of the pleading, accompanied by the annexes and copies referred to in the second subparagraph of paragraph 1 above, is lodged at the Registry no later than ten days thereafter.

Rules of Procedure

African Charter on Human and Peoples' Rights (Banjul Charter)

Article 14The right to property shall be guaranteed. It may only be encroached upon in the interest of public need or in the general interest of the community and in accordance with the provisions of appropriate laws.

Treaty

African Charter on Human and Peoples' Rights (Banjul Charter)

Treaty

African Charter on Human and Peoples' Rights (Banjul Charter)

Treaty

African Charter on Human and Peoples' Rights (Banjul Charter)

Treaty

African Charter on Human and Peoples' Rights (Banjul Charter)

Treaty

Rules of the Court of Justice of the Economic Community of West African States

Article 351. Within one month after service on him of the application, the defendant shall lodge a defense, stating: (a) the name and address of the defendant; (b) The arguments of fact and law relied on; (c) the form of order sought by the defendant; (d) the nature of any evidence offered by him. The provisions of Article 32 of these Rules shall apply to the defense. 2. The time limit laid down in paragraph 1 of this Article may be extended by the President on a reasoned application by the defendant.

Treaty

Rules of the Court of Justice of the Economic Community of West African States

2. The time limit laid down in paragraph 1 of this Article may be extended by the President on a reasoned application by the defendant.

Treaty

Supplementary Protocol A/SP.1/01/05 Amending the Preamble and Articles 1, 2, 9 and 30 of Protocol A/P.1/7/91 Relating to the Community Court of Justice and Article 4 Paragraph 1 of the English Version of the Said Protocol (ECOWAS Court Supplementary Protocol 2005)

“Article 10: Access to the Court. Access to the Court is open to the following: a) Member States, and unless otherwise provided in a Protocol, the Executive Secretary, where action is brought for failure by a Member state to fulfill an obligation; b) Member States, the Council of Ministers and the Executive Secretary in proceeding for the determination of the legality of an action in relation to any community text; c) Individuals and corporate bodies in proceedings from the determination of an act or inaction of a Community official which violates the rights of the individuals or corporate bodies; d) Individuals on application for relief for violation of their human rights; the submission of application for which shall: i. Not be anonymous; nor ii. Be made whilst the same matter has been instituted before another International Court for adjudication; e) Staff of any Community institution, after the Staff Member has exhausted all appeal processes available to the officer under the ECOWAS Staff Rules and Regulations; f) Where in any action before a court of a Member State, an issue arises as to the interpretation of a provision of the Treaty, or the other Protocols or Regulations, the national court may on its own or at the request of any of the parties to the action refer the issue to the Court for interpretation.”

Treaty

Supplementary Protocol A/SP.1/01/05 Amending the Preamble and Articles 1, 2, 9 and 30 of Protocol A/P.1/7/91 Relating to the Community Court of Justice and Article 4 Paragraph 1 of the English Version of the Said Protocol (ECOWAS Court Supplementary Protocol 2005)

by the following new provisions: “Article 9: Jurisdiction of the Court. 1.The Court has competence to adjudicate on any dispute relating to the following: a) The interpretation and application of the Treaty, Conventions and Protocols of the Community; b) The interpretation and application of the regulations, directives, decisions and other subsidiary legal instruments adopted by ECOWAS; c) The legality of regulations, directives, decisions and other legal instruments adopted by ECOWAS d) The failure by Member States to honor their obligations under the Treaty, Conventions and Protocols, regulations, directives, or decisions of ECOWAS; e) The provisions of the Treaty, Conventions and Protocols, regulations, directives or decisions of ECOWAS Member States; f) The Community and its officials; and g) The action for damages against a Community institution or an official of the Community for any action or omission in the exercise of official functions. 2. 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 official acts or omissions of any Community institution or Community officials in the performance of official duties or functions. 3. Any action by or against a Community Institution or any Member of the Community shall be statute barred after three (3) years from the date when the right of action arose. 4. The Court has jurisdiction to determine case of violation of human rights that occur in any Member State. 5. Pending the establishment of the Arbitration Tribunal provided for under Article 16 of the Treaty, the Court shall have the power to act as arbitrator for the purpose of Article 16 of the Treaty. 6. The Court shall have jurisdiction over any matter provided for in an agreement where the parties provide that the Court shall settle disputes arising from the agreement. 7. The Court shall have the powers conferred upon it by the provisions of this Protocol as well as any other powers that may be conferred by subsequent Protocols and Decisions of the Community. 8. The Authority of Heads of State and Government shall have the power to grant the Court the power to adjudicate on any specific dispute that it may refer to the Court other than those specified in this Article.

Treaty

African Charter on Human and Peoples' Rights (Banjul Charter)

Treaty

Supplementary Protocol A/SP.1/01/05 Amending the Preamble and Articles 1, 2, 9 and 30 of Protocol A/P.1/7/91 Relating to the Community Court of Justice and Article 4 Paragraph 1 of the English Version of the Said Protocol (ECOWAS Court Supplementary Protocol 2005)

The Court has jurisdiction to determine case of violation of human rights that occur in any Member State.

Treaty

Supplementary Protocol A/SP.1/01/05 Amending the Preamble and Articles 1, 2, 9 and 30 of Protocol A/P.1/7/91 Relating to the Community Court of Justice and Article 4 Paragraph 1 of the English Version of the Said Protocol (ECOWAS Court Supplementary Protocol 2005)

) Individuals on application for relief for violation of their human rights; the submission of application for which shall: i. Not be anonymous; nor ii. Be made whilst the same matter has been instituted before another International Court for adjudication;

Treaty

Protocol A/P.I/7/91 on the Community Court of Justice

Article 19: Decisions of the Court1. The Court shall examine the dispute before it in accordance with the provisions of the Treaty and its Rules of Procedure. It shall also apply, as necessary, the body of laws as contained in Article 38 of the Statutes of the International Court of Justice

Treaty

Statute of the International Court of Justice

Article 381. The Court, whose function is to decide in accordance with international law such disputes as are submitted to it, shall apply:a.international conventions, whether general or particular, establishing rules expressly recognized by the contesting states;b.international custom, as evidence of a general practice accepted as law;c.the general principles of law recognized by civilized nations; d.subject to the provisions of Article 59, judicial decisions and the teachings of the most highly qualified publicists of the various nations, as subsidiary means for the determination of rules of law.2. This provision shall not prejudice the power of the Court to decide a caseex aequo et bono, if the parties agree thereto.

UN Document

Statute of the International Court of Justice

UN Document

Supplementary Protocol A/SP.1/01/05 Amending the Preamble and Articles 1, 2, 9 and 30 of Protocol A/P.1/7/91 Relating to the Community Court of Justice and Article 4 Paragraph 1 of the English Version of the Said Protocol (ECOWAS Court Supplementary Protocol 2005)

The Court has jurisdiction to determine case of violation of human rights that occur in any Member State.

Treaty

Supplementary Protocol A/SP.1/01/05 Amending the Preamble and Articles 1, 2, 9 and 30 of Protocol A/P.1/7/91 Relating to the Community Court of Justice and Article 4 Paragraph 1 of the English Version of the Said Protocol (ECOWAS Court Supplementary Protocol 2005)

Treaty

ECOWAS Revised treaty

g)recognition,promotionandprotectionof humanand peoples' rights in accordancewith the provisions of the African Charter on Human and Peoples' Rights;

Treaty

Statute of the International Court of Justice

UN Document

Supplementary Protocol A/SP.1/01/05 Amending the Preamble and Articles 1, 2, 9 and 30 of Protocol A/P.1/7/91 Relating to the Community Court of Justice and Article 4 Paragraph 1 of the English Version of the Said Protocol (ECOWAS Court Supplementary Protocol 2005)

Treaty

Supplementary Protocol A/SP.1/01/05 Amending the Preamble and Articles 1, 2, 9 and 30 of Protocol A/P.1/7/91 Relating to the Community Court of Justice and Article 4 Paragraph 1 of the English Version of the Said Protocol (ECOWAS Court Supplementary Protocol 2005)

The Court has jurisdiction to determine case of violation of human rights that occur in any Member State.

Treaty

African Charter on Human and Peoples' Rights (Banjul Charter)

Treaty

Supplementary Protocol A/SP.1/01/05 Amending the Preamble and Articles 1, 2, 9 and 30 of Protocol A/P.1/7/91 Relating to the Community Court of Justice and Article 4 Paragraph 1 of the English Version of the Said Protocol (ECOWAS Court Supplementary Protocol 2005)

The Court has jurisdiction to determine case of violation of human rights that occur in any Member State.

Treaty

Supplementary Protocol A/SP.1/01/05 Amending the Preamble and Articles 1, 2, 9 and 30 of Protocol A/P.1/7/91 Relating to the Community Court of Justice and Article 4 Paragraph 1 of the English Version of the Said Protocol (ECOWAS Court Supplementary Protocol 2005)

Treaty

ECW/CCJ/JUD/05/07 Etim Moses Essien v Republic of Gambia & anor

ECOWAS Court

ECW/CCJ/JUD/01/04 Afolabi Oladjide v. Nigeria

ECOWAS Court

African Charter on Human and Peoples' Rights (Banjul Charter)

Treaty

Supplementary Protocol A/SP.1/01/05 Amending the Preamble and Articles 1, 2, 9 and 30 of Protocol A/P.1/7/91 Relating to the Community Court of Justice and Article 4 Paragraph 1 of the English Version of the Said Protocol (ECOWAS Court Supplementary Protocol 2005)

The Court has jurisdiction to determine case of violation of human rights that occur in any Member State.

Treaty

International Covenant on Civil and Political Rights ICCPR

2. Where not already provided for by existing legislative or other measures, each State Party to the present Covenant undertakes to take the necessary steps, in accordance with its constitutional processes and with the provisions of the present Covenant, to adopt such laws or other measures as may be necessary to give effect to the rights recognized in the present Covenant.

UN Document

African Charter on Human and Peoples' Rights (Banjul Charter)

Treaty

ECW/CCJ/JUD/03/08 - Chief Ebrimah Manneh v. Gambia

ECOWAS Court

ECW/CCJ/JUD/08/10 Musa Saidykhan v The Gambia

ECOWAS Court

Supplementary Protocol A/SP.1/01/05 Amending the Preamble and Articles 1, 2, 9 and 30 of Protocol A/P.1/7/91 Relating to the Community Court of Justice and Article 4 Paragraph 1 of the English Version of the Said Protocol (ECOWAS Court Supplementary Protocol 2005)

Treaty

Supplementary Protocol A/SP.1/01/05 Amending the Preamble and Articles 1, 2, 9 and 30 of Protocol A/P.1/7/91 Relating to the Community Court of Justice and Article 4 Paragraph 1 of the English Version of the Said Protocol (ECOWAS Court Supplementary Protocol 2005)

4. The Court has jurisdiction to determine case of violation of human rights that occur in any Member State.

Treaty

African Charter on Human and Peoples' Rights (Banjul Charter)

Treaty

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Treaties and softlaw only32
- Rules of Procedure1
- Treaty27
- UN Document4
International cases/decisions4
- ECOWAS Court4
Location1
- Countries (Geolocation) 1

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