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 pwpose ofArticle 16 of the Treaty.
6. 171e 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. 171e 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
Access to the Court is open to the follmving:
d) Individuals on application for relief for violation of their human rights; the
submission ofapph"cationfor which shall:
i)
ii)
not be anonymous; nor
be made nl/1ilst 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 instrnments
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
- Comi. 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 Leo Ke'.ita
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 Comi of Justice is powerless: it cannot adjudicate
upon the decisions of the national courts. Within the meaning of the
aforementioned Article 10, the Community Court of Justice can only intervene
7
Downloaded from worldcourts.com. Use is subject to terms and conditions. See worldcourts.com/terms.htm