64.The Respondent further contends that the admissibility of this case by the
Court for determination will obviously involve adjudicating on matters
already determined by a national court thus sitting as an appellate court. The
Respondent argues that the instant case is an invitation by the Applicant to the
Court to serve as an appellate court to review and determine the correctness
of decisions already made by the Supreme Court of Liberia and its Legislative
Assembly.
65.This Court has in its flourishing jurisprudence held that it lacks the jurisdiction
to sit on appeal over decisions of national courts. In BAKARE SARRE v.
MALI, (supra) the Court in determining the import and propriety of the
Plaintiffs’ application held that:
“The said application substantially seeks to obtain from the Court a
reversal of judgment delivered by the Supreme Court of Mali and seeks
to project the Court of Justice of ECOWAS as a court of cassation over
the Supreme Court of Mali. Viewed from that angle, the Court declared
that it had no jurisdiction to adjudicate on the matter.”
66.See also OCEAN KING NIGERIA LIMITED v. REPUBLIC OF SENEGAL
(2011) CCJELR 139, Para. 66, pg. 161 in which this position was reiterated
that this Court does not compose itself as an appellate court over decisions of
national courts and other national administrative bodies that are vested with
investigative and quasi-judicial powers . It is therefore not in doubt that the
Community Court of Justice, ECOWAS, is not an appeal court before which
cases decided by the courts in Member States could still be brought. (See the
case of DR. MAHAMAT SEID ABAZENE v. THE REPUBLIC OF MALI & 2
ORS (2010) CCJELR 95.
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