is on human rights violation, following from the reasoning in the decisions above
referred the Court holds that it has the jurisdiction to entertain the present action.
24.
Whether the Court can review the decision of the National
Courts/Tribunals.
The Respondent challenged the jurisdiction of the Court on the ground that the
court in incompetent to adjudicate on a matter already pronounced upon by a
National Court as it will be presiding on same as an appellate court.
25. The Court reiterates that its jurisdiction has been clearly spelt out in Article
9(4) of the 2005 Supplementary Protocol with the powers to hear allegation of
violation of human rights that occur in Member States. Being a creation of
Statute, jurisdiction cannot be assumed or ousted by implication. It must be
expressly conferred. To this end, the Court is bound to exercise its powers within
its scope of jurisdiction.
26. Though this Court has jurisdiction over human rights violation that occur in
Member States of ECOWAS, it has consistently held that it does not have the
jurisdiction to act as an appellate court over decisions of domestic courts of
Member States. This has been established in a plethora of decisions including the
case of AGRILAND CO. LTD v. THE REPUBLIC OF COTE D’ IVOIRE JUDGMENT NO
ECW/CCJ/JUD/07/15 @ pg. 14. This court again held that it has no mandate to
examine decisions made by the domestic courts of Member States, much less to
interpret the provisions of their domestic law;
27. Also in DR. MAHAMAT SEID ABAZENE v. THE REPUBLIC OF MALI & 2 ORS
JUDGMENT NO. ECW/CCJ/JUD/02/10 the Court held 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.
28. In CHEICK ABDOULAYE MBENGUE V. REP OF MALI ECW/CCJ/APP/08/11 @ pg.
12, the court recalled its consistently held case law and declined jurisdiction on
any application brought seeking to overturn the decision of the domestic courts
of ECOWAS of Member States. It was held that the court is neither an appeal
court nor a court of cassation of the domestic courts of ECOWAS Member states.
29. However, this jurisdiction must not be interpreted in an absolute manner as
clearly put in the case of MR. KHALIFA ABABACAR SALL & 5 ORS V. REPUBLIC OF
SENEGAL ECW/CCJ/JUD/17/18 @ page 27. Where the Court held that
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