Article 4:
Insertion of a new Article 10 in the Protocol of the Community Court of Justice.
The Protocol on the Community Court of Justice is amended the insertion of the
following new Article as follows:
“Article 10: Access to the Court.
Access to the Court is open to the following:
a)
Member States, and unless otherwise provided in a Protocol, the Executive
Secretary, where action is brought for failure by a Member state to fulfill an
obligation;
b) Member States, the Council of Ministers and the Executive Secretary in proceeding
for the determination of the legality of an action in relation to any community text;
c) Individuals and corporate bodies in proceedings from the determination of an act or
inaction of a Community official which violates the rights of the individuals or
corporate bodies;
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;
e) Staff of any Community institution, after the Staff Member has exhausted all appeal
processes available to the officer under the ECOWAS Staff Rules and Regulations;
f)
Where in any action before a court of a Member State, an issue arises as to the
interpretation of a provision of the Treaty, or the other Protocols or Regulations, the
national court may on its own or at the request of any of the parties to the action
refer the issue to the Court for interpretation.”
Article 5:
Renumbering of the former Articles 10 to 22.
The former articles 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21 and 22 are hereby
renumbered to read 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22 and 23 respectively.