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ECW/CCJ/JUD/23/18 - Financial Investment & Development Corporation (FIDC) v Liberia

ECOWAS Court

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SUMMARY OF FACTS2
WHETHER FROM THE TOTALITY OF FACTS PUT FORWARD, THIS COURT HAS THE JURISDICTION TO ENTERTAIN THIS SUIT AS CONSTITUTED AND CONCEIVED6
DECISION:13
DECLARES13
AS TO COSTS13

ECW/CCJ/JUD/23/18 - Financial Investment & Development Corporation (FIDC) v Liberia

ECOWAS Court

Preview

ECCJ App no.: ECW/CCJ/APP/08/15

ECCJ Jud No.: ECW/CCJ/JUD/23/18

Type of Document

Judgement

Keywords

Right to Fair Trial
Right to Property

Case Headnotes: The Applicants have filed this suit for a violation of their rights to fair hearing and their rights to property by the Respondent.

Country

Liberia

Outcome: Ruled Inadmissible

Year Decided: Jul 4, 2018

African Charter Rights Alleged to be Violated

ACHPR 7: Right to Fair Trial
ACHPR 14: Right to Property

Duration of Procedure: ~ Jul 4, 2018

Country Geolocation

Latitude: 6.428055

Longitude: -9.429499000000002

Country Geolocation (linked ECOWAS Court): Liberia

Primary Documents

ECW_CCJ_JUD_23_18 Financial Investment & Development Corporation (FIDC) v Liberia.pdf
English
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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)

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.

Treaty

ECOWAS Court Rules of Procedure

2. The Court may at any time of its own motion consider whether there exists any absolute bar to proceeding with a case or declare, after hearing the parties, that the action has become devoid of purpose and that there is no need to adjudicate on it; it shall give its decision in accordance with Article 87(4) and (5) of these Rules.

Rules of Procedure

ECOWAS Court Rules of Procedure

2. No new plea in law may be introduced in the course of proceedings unless it is based on matters of law or of fact which come to light in the course of the procedure. 3. If in the course of the procedure one of the parties puts forward a new plea in law which is so based, the President may, even after the expiry of the normal procedural time- limits, acting on a report of the Judge - Rappoteur and after hearing the parties, allow the other party time to answer on that plea.

Rules of Procedure

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)

Article 71.Every individual shall have the right to have his cause heard. This comprises: (a) the right to an appeal to competent national organs against acts of violating his fundamental rights as recognized and guaranteed by conventions, laws, regulations and customs in force; (b) the right to be presumed innocent until proved guilty by a competent court or tribunal; (c) the right to defense, including the right to be defended by counsel of his choice; (d) the right to be tried within a reasonable time by an impartial court or tribunal. 2.No one may be condemned for an act or omission which did not constitute a legally punishable offence at the time it was committed. No penalty may be inflicted for an offence for which no provision was made at the time it was committed. Punishment is personal and can be imposed only on the offender.

Treaty

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

ECW/CCJ/JUD/03/07 Moussa Léo Kéita v. Mali

ECOWAS Court

ECW/CCJ/JUG/04/09 - Amouzou Henri & 5 Ors v. Côte d’Ivoire

ECOWAS Court

International Covenant on Civil and Political Rights ICCPR

Article 141. All persons shall be equal before the courts and tribunals. In the determination of any criminal charge against him, or of his rights and obligations in a suit at law, everyone shall be entitled to a fair and public hearing by a competent, independent and impartial tribunal established by law. The press and the public may be excluded from all or part of a trial for reasons of morals, public order (ordre public) or national security in a democratic society, or when the interest of the private lives of the parties so requires, or to the extent strictly necessary in the opinion of the court in special circumstances where publicity would prejudice the interests of justice; but any judgement rendered in a criminal case or in a suit at law shall be made public except where the interest of juvenile persons otherwise requires or the proceedings concern matrimonial disputes or the guardianship of children. 2. Everyone charged with a criminal offence shall have the right to be presumed innocent until proved guilty according to law. 3. In the determination of any criminal charge against him, everyone shall be entitled to the following minimum guarantees, in full equality: (a) To be informed promptly and in detail in a language which he understands of the nature and cause of the charge against him; (b) To have adequate time and facilities for the preparation of his defence and to communicate with counsel of his own choosing; (c) To be tried without undue delay; (d) To be tried in his presence, and to defend himself in person or through legalassistance of his own choosing; to be informed, if he does not have legal assistance, of this right; and to have legal assistance assigned to him, in any case where the interests of justice so require, and without payment by him in any such case if he does not have sufficient means to pay for it; (e) To examine, or have examined, the witnesses against him and to obtain the attendance and examination of witnesses on his behalf under the same conditions as witnesses against him; (f) To have the free assistance of an interpreter if he cannot understand or speak the language used in court; (g) Not to be compelled to testify against himself or to confess guilt. 4. In the case of juvenile persons, the procedure shall be such as will take account of their age and the desirability of promoting their rehabilitation. 5. Everyone convicted of a crime shall have the right to his conviction and sentence being reviewed by a higher tribunal according to law. 6. When a person has by a final decision been convicted of a criminal offence and when subsequently his conviction has been reversed or he has been pardoned on the ground that a new or newly discovered fact shows conclusively that there has been a miscarriage of justice, the person whohas suffered punishment as a result of such conviction shall be compensated according to law, unless it is proved that the non-disclosure of the unknown fact in time is wholly or partly attributable to him. 7. No one shall be liable to be tried or punished again for an offence for which he has already been finally convicted or acquitted in accordance with the law and penal procedure of each country

UN Document

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

Treaty

Universal Declaration of Human Rights (UDHR)

Article 10 Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him.

UN Document

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

Treaty

Universal Declaration of Human Rights (UDHR)

UN Document

ECW/CCJ/JUD/08/13 Assima Kokou Innocent, Azanlekpo Dossey K. Narcisse & Da-Silveira Hertnes & 5 Ors v. Togo

59. TheCourt insists onthe fact that before itconcludes onthe issue of occurrence of human rights violation,the concrete proofof the facts upon which theApplicants basetheir claims must beestablished witha high degreeofcertainty,oratleast,there must bea high possibilityof the claims appearing to be true, upon scrutiny.In this regard, mere allegationsdo not suffice to elicit the conviction of the Court.Nevertheless, asregards the allegations of torturelevelledagainst the'· authoritiesresponsible for investigationand·the prison administration,the Court considers whether 'realopportunities existed for theApplicants to obtain proofs of evidence. Finding themselves in a-vulnerable situation,itcanreasonablybepresumedthat realdifficulties existed for theApplicants to gather evidence ontheappallingactsthey were subjected to,suchthat theburden ofproof shallbeshifted tothe Republic ofTogo,to prove that there were no actsof tortureor actssimilartotorture.

ECOWAS Court

Mayanga (Sumo) Awas Tingni Community v. Nicaragua

144. “Property” can be defined as those material things which can be possessed, as well as any right which may be part of a person’s patrimony; that concept includes all movables and immovables, corporeal and incorporeal elements and any other intangible object capable of having value.5

Inter-American Court/Commission Documents

ECW/CCJ/JUD/03/07 Moussa Léo Kéita v. Mali

ECOWAS Court

ECW/CCJ/JUD/10/12 - Sikiru Alade v. Nigeria

ECOWAS Court

ECW/CCJ/JUD/03/07 Moussa Léo Kéita v. Mali

ECOWAS Court

ECW/CCJ/JUD/06/12 Madame Amengavi Isabelle Manavi v Republic of Togo (Application for Revision)

ECOWAS Court

ECW/CCJ/JUD/18/12 SERAP v Nigeria

ECOWAS Court

ECW/CCJ/JUG/09/12 Valentine Ayika v. Liberia

ECOWAS Court

ECW/CCJ/JUD/05/09 - National Co-ordinating Group of Departmental Representatives of the Cocoa-Coffee Sector (CNDD) v. Côte d'Ivoire

19. Consequently, in the absence of contrary evidence, the Court considers the indications contained in theApplication as evidence establishing the proof of existence of the National Co-ordinating Group ofDepartmental Representatives of the Cocoa-Coffee Sector as an association created in accordance withthe law of Côte d'Ivoire and having a legal status. The objection regarding defect in the Applicant's legalstatus therefore fails.

ECOWAS Court

ECW/CCJ/JUD/07/10 Registered Trustees of the Socio-Economic and Accountability Project (SERAP) v Nigeria & anor

ECOWAS Court

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- Rules of Procedure2
- UN Document3
International cases/decisions12
- ECOWAS Court11
- Inter-American Court/Commission Documents1
Location1
- Countries (Geolocation) 1

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