16 9.10.1. First, the Application does not show any evidence anywhere whether three
months had not elapsed from the date the Applicant had knowledge of the alleged
“NEW FACT.”
9.10.2. Secondly, and more importantly, such new fact is not demonstrated. We
observe that the Application goes back to requests made in the previous trial
proceedings and appears to criticize the approach taken by the Court; but the said
Application does not disclose any new fact which was unknown to both the
Applicant and the Court at the time of the previous Judgment. In the words of the
Applicant as found on pages 4 and 5 of her Application, she indicates what she
considers the new fact:
“…treated all the issues brought by the Plaintiff/Applicant as being tied to
unlawful dismissal when they were not, rather than multifaceted and
independent, but consolidated issues with common Defendants as separately
identified, acknowledged and clearly summarized in paragraph 31 pages 1215
of the \judgment ECW/CCJ/JUD/01/13 is the surprising new fact that came to
the knowledge of the Plaintiff/Applicant only after receipt of copy of subject
judgment ECW/CCJ/JUD/01/13 on 13th February 2013.”
9.11. As we have stated supra, this suit is nothing more than the Plaintiff’s attempt
to criticize the Court’s Ruling which she seeks to have revised to conform to what
she wants. In fact, if we look more closely, we realize that the Plaintiff is seeking
justification from the Court on certain points and asking the Court to increase her
monetary award. She in a clever way attempts to have this Court review the previous
judgment in an appeal sitting, which we do not have the right, the power, the
authority or the mandate to do, and certainly we do not have the will to engage in
such dangerous precedent. She completely strays away from the main issue of NEW
FACT.
9.12. The concept of “a new fact” which is of prime importance in a revision
proceeding, is defined with rigor and restrictions, both before (a) International
Courts and Tribunals other than the ECOWAS Court, and (b) before the ECOWAS
Court itself.