IV.1- Mr AMOUSSOU Georges Constant asked the Court to declare the
emergency and hold that his application will be subjected to expedited
procedure provided by Article 59 of the Rules of procedure of the Court;
He motivated the urgency by the desire to receive specialized care
required by his state of health within his family and preferably outside of
Benin where security does not seem guaranteed;
IV.2- The Republic of Benin, in its observations made on 21 November
2014, requested the outright rejection of the motion for expedited
procedure introduced by the applicant;
IV.3- Article 59.1 of the Rules of the Court of Community Justice ECOWAS states that “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.”;
Point 2 of the Article requires that the application, which tend to submit
a case to an expedited procedure be made by separate document when
filing the application or the defence;
IV.4- The motion for expedited procedure of the applicants was filed at
the Court on 23 September 2014, along with the originating application;
It therefore appears that the application was made in the form and time
required by the Rules;
It is therefore admissible and the Court should therefore examine it;
Indeed, with regard to detention and state of health, there is always
urgency to decide on the measure sought;
An expedited procedure tends to try the case in a relatively short time;
In this case, the suit having been enrolled directly on the merit, was
debated and under deliberation;
It then follows that the motion for expedited procedure is groundless;
- On the inadmissibility of the application made by the
defendant:
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