“…it is not a court of appeal or of cassation of the decisions of the national
courts, and such decisions cannot hinder its intervention when it comes to facts
within its jurisdiction, namely a violation of a fundamental right. Only the
previous referral to another international court, with like jurisdiction, can
frustrate its regular referral. However, although it is not inclined to examine
national judicial decisions, its jurisdiction must not be interpreted that in an
absolute manner.”
30. This position has been reiterated in several jurisprudence of the Court, but
has been succinctly put in the case of OCEAN KING NIGERIA LTD V. REPUBLIC
OF SENEGAL ECW/CCJ/JUD/07/11-REV @ page 11, the Court held that
“…though it has jurisdiction over human rights violation that occur in Member
States of ECOWAS, it does not have the jurisdiction to act as appellate courts of
the domestic courts of Member States. Thus, when human rights applications are
brought before the Court, it will inquire into the human rights allegations but will
resist any invitation to act as an appellate court to the domestic courts of Member
States as it clearly does not have that jurisdiction.”
31. See also the case of HIS LORDSHIP JUSTICE PAUL UUTER DERRY & 2 ORS v.
THE REPUBLIC OF GHANA JUDGMENT NO ECW/CCJ/JUD/17/19 @ Pg. 28 the court
reiterated that it is not an appellate court and will only admit cases from national
courts where human rights violations were alleged in the course of the
proceedings.
32. This issue was finally put to rest when the court held that;
“… It has severally drawn a distinction between its lack of jurisdiction to examine
the decisions of national courts and its jurisdiction to hear cases of human rights
abuses arising therefrom. The Court has consistently held that it cannot sit on
appeal over decisions of national Courts of Member States.” See FINANCE
INVESTMENT & DEVELOPMENT CORPORATION (FIDC) V. REPUBLIC OF LIBERIA
ECW/CCJ/JUD/23/18 @ pg 11.
This exercise of the Court’s mandate is not to pronounce on the propriety or
otherwise of the substance of the decision rendered by the Member State but to
examine the processes leading to the decision with the view to finding whether
any protected substantive or procedural rights of the Applicant were violated.
Such a mandate should not be construed either in form or substance as amounting
to exercise of appellate function by this Court as being strenuously contended by
the Respondent
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