jurisdiction to act as an appellate court over decisions of domestic courts of Member
States. This has been established in a plethora of decisions including the case of DR.
MAHAMAT SEID ABAZENE v. THE REPUBLIC OF MALI & 2 ORS, JUDGMENT NO.
ECW/CCJ/JUD/02/10, where the Court held that the Community Court of Justice,
ECOWAS, is not an Appeal Court before which cases decided by the courts in
Member States could still be brought. See also AGRILAND CO. LTD v. THE REPUBLIC
OF COTE D’ IVOIRE, JUDGMENT NO ECW/CCJ/JUD/07/15 @ pg. 14 and CHEICK
ABDOULAYE MBENGUE v. REPUBLIC OF MALI, ECW/CCJ/APP/08/11 @ pg. 12.
31. However, the Court’s jurisdiction must not be interpreted in an absolute manner
as clearly stated in the case of MR. KHALIFA ABABACAR SALL & 5 ORS v. REPUBLIC OF
SENEGAL unreported ECW/CCJ/JUD/17/18 @ page 27. Where the Court held that,
“…it is not a court of appeal or of cassation of the decisions of
the national courts, and such decisions cannot hinder its
intervention when it comes to facts within its jurisdiction,
namely a violation of a fundamental right. Only the previous
referral to another international court, with like jurisdiction,
can frustrate its regular referral. However, although it is not
inclined to examine national judicial decisions, its jurisdiction
must not be interpreted that in an absolute manner.”
32. This position has been reiterated in several jurisprudence of the Court, but has
been succinctly put as follows;
“…though it has jurisdiction over human rights violation that
occur in Member States of ECOWAS, it does not have the
jurisdiction to act as an appellate court of the domestic courts
12