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ECW/CCJ/JUD/28/15 Rose Mabtomom Ako c. West African Monetary Agency & 5 ors

ECOWAS Court

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COMPOSITION OF THE COURT1
COUNSEL FOR THE PARTIES AND ADDRESSES FOR SERVICE2
SUBJECT MATTER OF THE PROCEEDINGS 2
ARTICLES RELIED ON 2
DOCUMENTS SUBMITTED / NATURE OF EVIDENCE IN SUPPORT2
FACTS AND PROCEDURE 3
NARRATION OF FACTS BY THE APPLICANT 3
CONTRADICTIONS ALLEGED BY PLAINTIFF 4
PROCEDURE 7
CONTENTIONS or REPLY OF THE DEFENDANTS/RESPONDENTS (WEST AFRICAN MONETARY AGENCY) 7
ISSUES PRESENTED FOR DETERMINATION9
QUESTION 11
DISCUSSIONS 11
CONCLUSION14
DECISION 18
As to Admissibility of the Suit19
As to Competency of the Parties 19
As to Costs 19

ECW/CCJ/JUD/28/15 Rose Mabtomom Ako c. West African Monetary Agency & 5 ors

ECOWAS Court

Preview

ECCJ App no.: ECW/CCJ/APP/01/14/SUPP

ECCJ Jud No.: ECW/CCJ/JUD/28/15

Type of Document

Judgement

Keywords

Arbitrary Arrest and Detention
Cruel and Degrading Treatment
Damages and Compensation
Internal Displacement
Revision of Judgment
Right to Privacy
Torture and Ill Treatment
Workers' Rights

Country

ECOWAS / ECOWAS Organ
Sierra Leone

Outcome: Ruled Inadmissible

Year Decided: Dec 2, 2015

Rights Alleged to be Violated (ECOWAS Treaty)

ECOWAS 10.3.f: Adopt the Staff Regulations and approve the organizational structure of the institutions of the Community
ECOWAS 4g: Recognition, promotion and protection of human and peoples' rights
ECOWAS 4h: Accountability, economic and social justice and popular participation in development
ECOWAS 4i: Recognition and observance of the rules and principles of the Community

African Charter Rights Alleged to be Violated

ACHPR 7: Right to Fair Trial
ACHPR 1: General Obligations
ACHPR 14: Right to Property
ACHPR 15: Right to Work
ACHPR 16: Right to Health
ACHPR 18.3: Protection of Rights of Women and Children
ACHPR 2: Freedom from Discrimination
ACHPR 24: Right to a General Satisfactory Environment
ACHPR 25: Duty to promote and ensure respect of the rights and freedoms contained in the Charter
ACHPR 26 : Duty to Guarantee Independence of Courts
ACHPR 27.1: Duties towards family and society, the State and other legally recognized communities
ACHPR 27.2: Obligations of individuals when exercising rights and freedoms
ACHPR 28: Duty to respect and consider fellow beings without discrimination
ACHPR 3: Right to Equality before the Law and Equal Protection of the Law
ACHPR 4: Right to Life and Integrity
ACHPR 5: Cruel Inhuman and Degrading Treatment
ACHPR 6 : Right to Personal Liberty and Protection from Arbitrary Arrest

Duration of Procedure: Jul 4, 2014 ~ Dec 2, 2015

Country Geolocation

Latitude: 8.460555

Longitude: -11.779889

Country Geolocation (linked ECOWAS Court): Sierra Leone

Primary Documents

ECW_CCJ_JUD_28_15 Rose Mabtomom Ako c. West African Monetary Agency & 5 ors.pdf
English
Download View

ECOWAS Court Rules of Procedure

Article 641. Where the Court omits to give a decision on a specific head of claim or on costs, any party may within a month after service of the judgment apply to the Court to supplement its judgment. 2. The application shall be served on the opposite party who has one month within which to lodge written observations. The time limit laid down in paragraphs 1 and 2 of this Article may be extended by the President on a reasoned application by the party. 3. After these observations have been lodged, the Court shall decide both on the admissibility and on the substance of the application.

Rules of Procedure

ECOWAS Court Rules of Procedure

Article 931. Articles 32 and 33 of these Rules shall apply to an application for revision. 2. In addition such an application shall: (a) Specify the judgment contested; (b) Indicate the points on which the judgment is contested; (c) set out the facts on which the application is based; (d) Indicate the nature of the evidence to show that there are facts justifying revision of the judgment, and that the time limit laid down in Article 92 has been observed. 3. The application must be made against all parties to the case in which the contested judgment was given.

Rules of Procedure

ECOWAS Court Rules of Procedure

Article 92An application for revision of a judgment shall be made within three months of the date on which the facts on which the application is based came to the applicant's knowledge.

Rules of Procedure

ECOWAS Court Rules of Procedure

Article 661. A decision as to costs shall be given in the final judgment or in the order, which closes the proceedings. 2. The unsuccessful party shall be ordered to pay the costs if they have been applied for in the successful party's pleadings. 3. Where there are several unsuccessful parties the Court shall decide how the costs are to be shared. 4. Where each party succeeds on some and fails on other heads, or where the Circumstances are exceptional; the Court may order that the costs be shared or that the parties bear their own costs. 5. The Court may order a party, even if successful, to pay costs which the Court considers that party to have unreasonably or vexatious caused the opposite party to incur. 6. The Member States and institutions which intervene in the proceedings shall bear their own costs. 7. The Court may order an intervener other than those mentioned in the preceding subparagraphs to bear his own costs. 8. A party who discontinues or withdraws from proceedings shall be ordered to pay the costs if they have been applied for in the other party's observations on the discontinuance. 9. However, upon application by the party who discontinues or withdraws from proceedings, the costs shall be borne by the other party if this appears justified by the conduct of that party. 10. Where the parties have come to an agreement on costs, the decision as to costs shall be in accordance with that agreement. 11. If costs are not claimed, the parties shall bear their own costs. 12. Where a case does not proceed to judgment the costs shall be in the discretion of the Court.

Rules of Procedure

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

Article 25: Application for Revision1. An application for revision for a decision may be made only when it is based upon the discovery of some fact of such a nature as to be a decisive factor, which fact was, when the decision was given, unknown to the Court and also to the party claiming revision, provided always that such ignorance was not due to negligence.2. The proceedings for revision shall be opened by a decision of the Court expressly recording the existence of the new fact, recognising that it has such a character as to lay the case open to revision and declaring the application admissible on this ground.3. The Court may require prior compliance with the terms of the decision before it admits proceedings in revision.4. No application for revision may be after five (5) years from the date of decision.5. The decision of the Court has no binding force except between the parties and in respect of that particular case

Treaty

African Charter on Human and Peoples' Rights

Article 1The Member States of the Organization of African Unity parties to the present Charter shall recognize the rights, duties and freedoms enshrined in this Chapter and shall undertake to adopt legislative or other measures to give effect to them.

Treaty

African Charter on Human and Peoples' Rights

Article 31.Every individual shall be equal before the law. 2.Every individual shall be entitled to equal protection of the law.

Treaty

African Charter on Human and Peoples' Rights

Article 31.Every individual shall be equal before the law. 2.Every individual shall be entitled to equal protection of the law.

Treaty

African Charter on Human and Peoples' Rights

Article 2Every individual shall be entitled to the enjoyment of the rights and freedoms recognized and guaranteed in the present Charter without distinction of any kind such as race, ethnic group, color, sex, language, religion, political or any other opinion, national and social origin, fortune, birth or other status.

Treaty

African Charter on Human and Peoples' Rights

Article 161. Every individual shall have the right to enjoy the best attainable state of physical and mental health. 2. States parties to the present Charter shall take the necessary measures to protect the health of their people and to ensure that they receive medical attention when they are sick.

Treaty

African Charter on Human and Peoples' Rights

Article 4Human beings are inviolable. Every human being shall be entitled to respect for his life and the integrity of his person. No one may be arbitrarily depriv

Treaty

African Charter on Human and Peoples' Rights

Article 26States parties to the present Charter shall have the duty to guarantee the independence of the Courts and shall allow the establishment and improvement of appropriate national institutions entrusted with the promotion and protection of the rights and freedoms guaranteed by the present Charter.

Treaty

African Charter on Human and Peoples' Rights

Article 5Every individual shall have the right to the respect of the dignity inherent in a human being and to the recognition of his legal status. All forms of exploitation and degradation of man particularly slavery, slave trade, torture, cruel, inhuman or degrading punishment and treatment shall be prohibited.

Treaty

African Charter on Human and Peoples' Rights

Article 181. The family shall be the natural unit and basis of society. It shall be protected by the State which shall take care of its physical health and moral. 2. The State shall have the duty to assist the family which is the custodian or morals and traditional values recognized by the community. 3. The State shall ensure the elimination of every discrimination against women and also ensure the protection of the rights of the woman and the child as stipulated in international declarations and conventions.

Treaty

African Charter on Human and Peoples' Rights

Article 28Every individual shall have the duty to respect and consider his fellow beings without discrimination, and to maintain relations aimed at promoting, safeguarding and reinforcing mutual respect and tolerance.

Treaty

African Charter on Human and Peoples' Rights

Treaty

African Charter on Human and Peoples' Rights

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

Article 6Every individual shall have the right to liberty and to the security of his person. No one may be deprived of his freedom except for reasons and conditions previously laid down by law. In particular, no one may be arbitrarily arrested or detained.

Treaty

African Charter on Human and Peoples' Rights

Article 25States parties to the present Charter shall have the duty to promote and ensure through teaching, education and publication, the respect of the rights and freedoms contained in the present Charter and to see to it that these freedoms and rights as well as corresponding obligations and duties are understood

Treaty

African Charter on Human and Peoples' Rights

Article 15Every individual shall have the right to work under equitable and satisfactory conditions, and shall receive equal pay for equal work.

Treaty

African Charter on Human and Peoples' Rights

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

Treaty

African Charter on Human and Peoples' Rights

Article 24All peoples shall have the right to a general satisfactory environment favorable to their development

Treaty

African Charter on Human and Peoples' Rights

Article 271. Every individual shall have duties towards his family and society, the State and other legally recognized communities and the international community. 2. The rights and freedoms of each individual shall be exercised with due regard to the rights of others, collective security, morality and common interest.

Treaty

Revised Treaty of Economic Community of West African States (1993)

Article 25 Agricultural Development and Food Security Member States shall cooperate in the development of agriculture, forestry, livestock and fisheries in order to: (e) ensure food security; (f) increase production and productivity in agriculture, livestock, fisheries and forestry, and improve conditions of work and generate employment opportunities in rural areas; Page 15 (g) enhance agricultural production through processing locally, animal and plant products; and (h) protect the prices of export commodities on the international market. 8. To this end, and in order to promote the integration, of production structures, Member States shall cooperate in the following fields: (a) the production of agricultural inputs, fertilizers, pesticides, selected seeds, Agricultural machinery and equipment and veterinary products; (b) the development of river and lake basins; (c) the development and protection of marine and fishery resources; (d) plant and animal protection; (e) the harmonization of agricultural development strategies and policies particularly pricing and price support policies on the production, trade and marketing of major agricultural products and inputs; and (f) the harmonization of food security policies paying particular attention to: (i) the reduction of losses in food production; (ii) the strengthening of existing institutions for the management of natural calamities, agricultural diseases and pest control; (iii) the conclusion of agreements on food security at the regional level; and (iv) the provision of food aid to Member States in the event of serious food shortage. (g) the establishment of an early warning system; and (h) the adoption of a common agricultural policy especially in the fields of research, training, production, preservation, processing and marketing of the products of agriculture, forestry, livestock and fisheries

Treaty

Revised Treaty of Economic Community of West African States (1993)

Treaty

Revised Treaty of Economic Community of West African States (1993)

Treaty

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

Treaty

ECOWAS Court Rules of Procedure

Article 92An application for revision of a judgment shall be made within three months of the date on which the facts on which the application is based came to the applicant's knowledge. Article 931. Articles 32 and 33 of these Rules shall apply to an application for revision. 2. In addition such an application shall: (a) Specify the judgment contested; (b) Indicate the points on which the judgment is contested; (c) set out the facts on which the application is based; (d) Indicate the nature of the evidence to show that there are facts justifying revision of the judgment, and that the time limit laid down in Article 92 has been observed. 3. The application must be made against all parties to the case in which the contested judgment was given

Rules of Procedure

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

Treaty

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

Treaty

ECOWAS Court Rules of Procedure

Article 92An application for revision of a judgment shall be made within three months of the date on which the facts on which the application is based came to the applicant's knowledge.

Rules of Procedure

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.2. Decisions of the Court shall be read in open court and shall state the reasons on which they are based. Subject to the provisions on review contained in this Protocol, such decisions shall be final and immediately enforceable.3. The Court shall give only one decision in respect of each dispute brought before it. Its deliberations shall be secret and its decisions shall be taken by a majority of the members.

Treaty

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

Treaty

ECOWAS Court Rules of Procedure

Article 92An application for revision of a judgment shall be made within three months of the date on which the facts on which the application is based came to the applicant's knowledge.

Rules of Procedure

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

Treaty

ECOWAS Court Rules of Procedure

Rules of Procedure

ECOWAS Court Rules of Procedure

Rules of Procedure

ECOWAS Court Rules of Procedure

Rules of Procedure

ECOWAS Court Rules of Procedure

Rules of Procedure

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

rticle 25: Application for Revision1. An application for revision for a decision may be made only when it is based upon the discovery of some fact of such a nature as to be a decisive factor, which fact was, when the decision was given, unknown to the Court and also to the party claiming revision, provided always that such ignorance was not due to negligence.

Treaty

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

Treaty

ECOWAS Court Rules of Procedure

Rules of Procedure

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- Treaty31
- Rules of Procedure12
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- ECOWAS Court2
Location1
- Countries (Geolocation) 1

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