c) the legality of regulations, directives, decisions, and other subsidiary legal instruments adopted by ECOWAS; d) the failure by Member States to honour their obligations under the Treaty, Conventions and Protocols, regulations, directives, or decisions of ECOWAS; e) the provisions of the Treaty, Conventions and Protocols, regulations, directives, or decisions of ECOWAS Member States; f) the Community and its officials; and g) the action for damages against a Community institution or an official of the Community for any action or omission in the exercise of official functions. 2. The Court shall have the power to determine any non-contractual liability of the Community and may order the Community to pay damages or make reparation for official acts or omissions of any Community institution or Community officials in the performance of official duties or functions. 3. Any action by or against a Community Institution or any Member of the Community shall be statute barred after three (3) years from the date when the right of action arose. 4. The Court has jurisdiction to determine cases of violation of human rights that occur in any Member State. 5. Pending the establishment of the Arbitration Tribunal provided for under Article 16 of the Treaty, the Court shall have power to act as arbitrator for the purpose of Article 16 of the Treaty. 6. The Court shall have jurisdiction over any matter provided for in an agreement where the parties provide that the Court shall settle disputes arising from the agreement. 7. The Court shall have all the powers conferred upon it by the provisions of this Protocol as well as any other powers that may be conferred by subsequent Protocols and Decisions of the Community; 8. The Authority of Heads of State and Government shall have the power to grant the Court the power to adjudicate on any specific dispute that it may refer to the Court other than those specified in this Article. Article 10: Access to the Court 1. Access to the Court is open to the following: d) Individuals on application for relief for violation of their human rights; the submission of application for which shall: i) not be anonymous; nor ii) be made whilst the same matter has been instituted before another International Court for adjudication; 26. Thus, as regards material competence, the applicable texts are those produced by the Community for the needs of its functioning towards economic integration: the Revised Treaty, the Protocols, Conventions, and subsidiary legal instruments adopted by the highest authorities of ECOWAS. It is therefore the non-observance of these texts which justifies and founds the legal proceedings brought before the Court. From this standpoint, the Court has to determine the extent to which the Application instituting proceedings makes a demand on the application of these texts. In reality, it makes no demand on any Community text. Moussa Léo Kéita complains of being a victim of injustice committed by his State, and of the malfunction or poor running of the justice system of his country. In this perspective, the Community Court of Justice is powerless: it cannot adjudicate upon the decisions of the national courts. Within the meaning of the aforementioned Article 10 [sic], the Community Court of Justice can only intervene when such courts or parties in litigation expressly so request it within the strict context of the interpretation of the positive law of the Community. Hence, the objection raised by the Defence regarding the ratione materae competence of the Court must be declared admissible.