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Declares that it has become obsolete; Declares that there is no reason to exclude the statement of the Republic of Benin; Receives the objection of inadmissibility of the authority of res judicata filed by the Republic of Benin; Declares it to be well founded; Declares the motion for the sanction of arrest and arbitrary detention of Mr AMOUSSOU inadmissible; Order the respondent to bear the costs; THUS MADE, ADJUDGED, AND DELIVERED IN PUBLIC HEARING, AT THE SEAT OF COURT IN ABUJA, THIS 23 DAY OF April 2015; THE FOLLOWING HAVE APPENDED THEIR SIGNATURES: - Honourable Judge Jerome Traore, President, - Honourable Justice Hamèye Founé Mahalmadane, Judge Rapporteur, - Honourable Judge Alioune Sall, Member; Assisted by Mr Athanasius ATANNON, Registrar. 12

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I- PARTIES2
II FACTS AND PROCEDURE2
III ARGUMENTS AND CLAIMS3
IV-MOTIVATION6
As to the motion for expedited procedure:6
On the inadmissibility of the application made by the defendant:7
As to the application of Mr AMOUSSOU9
As to the form:10
As to the merit:10
As to the Costs11
FOR THESE REASONS11

ECW/CCJ/JUD/05/15 George Constant Amoussou v. Republic of Benin

ECOWAS Court

Preview

ECCJ App no.: ECW/CCJ/APP/20/14

ECCJ Jud No.: ECW/CCJ/JUD/05/15

Type of Document

Judgement

Keywords

Administration of Justice
Arbitrary Arrest and Detention
Damages and Compensation

Country

Benin

Outcome: Ruled Inadmissible

Year Decided: Apr 23, 2015

African Charter Rights Alleged to be Violated

ACHPR 3:2: Every individual shall be entitled to equal protection of the law.
ACHPR 6 : Right to Personal Liberty and Protection from Arbitrary Arrest

Duration of Procedure: Sep 23, 2014 ~ Apr 23, 2015

Country Geolocation

Latitude: 9.30769

Longitude: 2.315834

Country Geolocation (linked ECOWAS Court): Benin

Primary Documents

ECW_CCJ_JUD_05_15.pdf
English
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ECW_CCJ_JUD_05_15 George Constant Amoussou c. Republic of Benin.pdf
French
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ECW_CCJ_JUD_05_15.pdf
French
ML TOC
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International Covenant on Civil and Political Rights ICCPR

5. Anyone who has been the victim of unlawful arrest or detention shall have an enforceable right to compensation.

UN Document

International Covenant on Civil and Political Rights ICCPR

5. Anyone who has been the victim of unlawful arrest or detention shall have an enforceable right to compensation.

UN Document

ECOWAS Court Rules of Procedure

CHAPTER IVEXPEDITED PROCEDURESArticle 591. On application by the applicant or the defendant, the President may exceptionally decide, on the basis of the facts before him and after hearing the other party, that a case is to be determined pursuant to an expedited procedure derogating from the provisions of these Rules, where the particular urgency of the case requires the Court shall give its ruling with the minimum of delay. 2. An application for a case to be decided under an expedited procedure shall be made by a separate document lodged at the same time as the application initiating the proceedings or the defense, as the case may be. 3. Under the expedited procedure, the originating application and the defense may be supplemented by a reply and a rejoinder only if the President considers this to be necessary. 4. An intervener may lodge a statement in intervention only if the President considers this to be necessary. 5. Once the defense has been lodged or, if the decision to adjudicate under an Expedited procedure is not made until after that pleading has been lodged, once that decision has been taken, the President shall fix a date for the hearing, which shall be communicated forthwith to the parties. 6. He may postpone the date of the hearing where the organization of measures of inquiry or of other preparatory measures so requires. 7. Without prejudice to rules, the parties may supplement their arguments and offer further evidence in the course of the oral procedure. They must, however, give reasons for the delay in offering such further evidence. 8. The Court shall give its ruling after hearing the parties.

Rules of Procedure

ECOWAS Court Rules of Procedure

Article 331. An application of the kind referred to in Article 11 of the Protocol shall state: (a) the name and address of the applicant; (b) the designation of the party against whom the application is made; (c) the subject- matter of the proceedings and a summary of the pleas in law on which the application is based; (d) the form of order sought by the applicant; (e) where appropriate, the nature of any evidence offered in support. 2. For the purpose of the proceedings, the application shall state an address for service in the place where the Court has its seat and the name of the person who is authorized and has expressed willingness to accept service. 3. In addition to, or instead of, specifying an address for service as referred to in the first subparagraph; the application may state that the lawyer or agent agrees that service is to be effected on him by telefax or other technical means of communication. 4. If the application does not comply with the requirements referred to in the first and second subparagraphs, all service on the party concerned for the purpose of the proceedings shall be effected, for so long as the defect has not been cured, by registered letter addressed to the agent or lawyer of that party. By way of derogation from Article 77(1), service shall then be deemed to be duly effected by the lodging of the registered letter at the post office of the place where the Court has its seat. 5. The application shall be accompanied, where appropriate, by the documents Specified in the first paragraph of Article 15 of the protocol. 6. If the application does not comply with the requirements set out in paragraphs 1 to 4 of this Article, the Chief Registrar shall prescribe a period not more than thirty days within which the applicant is to comply with them whether by putting the application itself in order or by producing any of the above-mentioned documents. 7. If the applicant fails to put the application in order or to produce the required documents within the time prescribed, the Court shall, after hearing the party, decide whether the non-compliance with these conditions renders the application formally inadmissible.

Rules of Procedure

ECOWAS Court Rules of Procedure

Article 351. Within one month after service on him of the application, the defendant shall lodge a defense, stating: (a) the name and address of the defendant; (b) The arguments of fact and law relied on; (c) the form of order sought by the defendant; (d) the nature of any evidence offered by him. The provisions of Article 32 of these Rules shall apply to the defense. 2. The time limit laid down in paragraph 1 of this Article may be extended by the President on a reasoned application by the defendant.

Rules of Procedure

ECOWAS Court Rules of Procedure

2. For the purpose of the proceedings, the application shall state an address for service in the place where the Court has its seat and the name of the person who is authorized and has expressed willingness to accept service.

Rules of Procedure

ECOWAS Court Rules of Procedure

Rules of Procedure

ECOWAS Court Rules of Procedure

3. In addition to, or instead of, specifying an address for service as referred to in the first subparagraph; the application may state that the lawyer or agent agrees that service is to be effected on him by telefax or other technical means of communication.

Rules of Procedure

ECOWAS Court Rules of Procedure

Rules of Procedure

ECOWAS Court Rules of Procedure

Article 911. Articles 32 and 33 of these Rules shall apply to an application initiating third party proceedings. In addition such an application shall:(a) Specify the judgment contested; (b) State how that judgment is prejudicial to the rights of the third party; (c) Indicate the reasons for which the third party was unable to take part in the original case. 2. The application must be made against all the parties to the original case. 3. Where the judgment has been published in the Official Journal of the community. The application must be lodged within two months of the publication. 4. The Court may, on application by the third party, order a stay of execution of the judgment. 5. The provisions of Title III, Chapter I, of these Rules shall apply. 6. The contested judgment shall be varied on the points on which the submissions of the third party are upheld. 7. The original of the judgment in the third-party proceedings shall be annexed to the original of the contested judgment. A note of the judgment in the third-party proceedings shall be made in the margin of the original of the contested judgment.

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 901. If a defendant on whom an application initiating proceedings has been duly served fails to lodge a defense to the application in the proper form within the time prescribed, the applicant may apply for judgment by default. 2. The application shall be served on the defendant. 3. The Court may decide to open the oral procedure on the application. 4. Before giving judgment by default the Court shall, after considering the circumstances of the case consider (a) Whether the application initiating proceedings is admissible, (b) Whether the appropriate formalities have been complied with, and (c) Whether the application appears well founded. 5. The Court may order a preparatory inquiry. 6. A judgment by default shall be enforceable. 7. The Court may, however, grant a stay of execution until the Court has given its decision on any application under paragraph 8 to set aside the judgment, or it may make execution subject to the provision of security of an amount and nature to be fixed in the light of the circumstances. This security shall be released if no such application is made or if the application fails. 8. Application may be made to set aside a judgment by default. 9. The application to set aside the judgment must be made within one month from the date of service of the judgment and must be lodged in the form prescribed by Articles 32and 33 of these Rules. 10. After the application has been served, the President shall prescribe a period within which the other party may submit his written observations. 11. The proceedings shall be conducted in accordance with Article 40 of these Rules. 12. The Court shall decide by way of a judgment whic h may not be set aside. The Original of this judgment shall be annexed to the original of the judgment by default. 13. A note of the judgment on the application to set aside shall be made in the margin of the original of the judgment by default.

Rules of Procedure

ECOWAS Court Rules of Procedure

2. The unsuccessful party shall be ordered to pay the costs if they have been applied for in the successful party's pleadings.

Rules of Procedure

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