Court to examine failure by the Republic of Senegal to fulfil its Community
obligations, are inadmissible, for lack of locus standi;
(…) that the enforcement of the judgments of the Court of Justice of
ECOWAS is not an option but an obligation upon the Member States and
Institutions of the Community, pursuant to Article 15(4) of the Revised
Treaty of ECOWAS”
See also the case of GNASSINGBE KPATCHA v. REPUBLIC OF TOGO
(ECW/CCJ/JUD/19/13).
Under the relevant Texts of the Community Court of Justice, ECOWAS, a
mere interest in a problem, no matter how qualified an individual or
group/organization is in evaluation of the problem, it is not sufficient by itself
to render such an individual group/organization adversely affected or
aggrieved for the purpose of giving it standing to obtain judicial decision.
Only real party in interest as contemplated for in the Texts of the Court has
the right to be heard in appropriate cases.
On the basis of the foregoing, the Court holds that the Plaintiff lacks the locus
standi to prosecute this suit against the 16th and 17th Defendants. The 16th
and 17th Defendants have not violated any human rights of the Plaintiff to
warrant an action before this Court against them. One may ask, what human
rights of the Plaintiff have been or are about to be breached by the
defendants to clothe him with this action? In the candid view of this Court,
this not a human rights action, and it must fail as such.
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