Apart from few exceptional cases, this Court grants access to individuals
mainly in matters of human rights violations. As it stands now, the Plaintiff’s
cause of action is in the nature of compelling through the hands of this court
the 16th and 17th Defendants to perform their assigned treaty obligations of
applying sanctions against the 1st Defendant.
The reasoning of the Court is amply supported by the philosophy
underpinning the drafting of both the Revised Treaty of ECOWAS and the
Supplementary Act A/SP.13/02/12 on SANCTIONS AGAINST MEMBER
STATES THAT FAIL TO HONOUR THEIR OBLIGATIONS TO ECOWAS. Under
Article 14 of A/SP.13/02/12, itemized procedures for activation of sanctions
against culpable States are provided. Unfortunately, none of the provided
procedures affords the Plaintiff herein locus standi before this Honurable
Court against the 16th & 17th Defendants either for their failure to activate or
for compelling them to activate the application of sanctions against the 1st
Defendant for the delict in complying with its treaty obligations. In the
KARIM MEISSA WADE v. REPUBLIC OF SENEGAL mentioned (supra), the
Court held as follows:
“that it has jurisdiction to examine actions brought for failure by an
ECOWAS Member State to honour its obligation;
(…) on the other hand, that in the instant case, the Application brought by
Mr. Karim Meïssa Wade, in the aspects relating to requests before the
19