67.However, in a more recent case of HON. JUSTICE S. E. ALADETOYINBO v.
THE FEDERAL REPUBLIC OF NIGERIA (2020) ECW/CCJ/JUD/18/20,
(Unreported) at pg. 9 para 29, the Court reviewed its extensive jurisprudence
on the subject and came to a conclusion that the jurisdiction of the Court is
neither to serve as an appeal court nor a court of cassation of the domestic
courts of ECOWAS Member States “must not be interpreted in an absolute
manner”. In para. 32 of the same judgment it was held that where the exercise
of the Court’s mandate is not to pronounce on the propriety or otherwise of
the substance of the decision rendered by the domestic court of a Member
State, but to examine the process leading to the decision with the view to
finding whether any protected substantive or procedural rights of the
Applicant were violated, this Court is unfettered in doing so.
68.Be that as it may, it has been the cherished position of this Court and same
was well articulated in the case of LINDA GOMEZ & 7 ORS v. REPUBLIC
OF THE GAMBIA (2014) Judgment No. ECW/CCJ/JUD/05/14(Unreported)
@ page 20 that:
“If an issue is solely governed by domestic law, recourse to
international forum will not arise unless the complainant has been
denied a hearing or the right to fair hearing of his rights in the domestic
arena. When recourse is made to an international court the Plaintiff
must necessarily establish his claim by the texts governing the Court”.
69.In the instant case, the subject-matter essentially has nothing to do with the
determination of the correctness or otherwise of the decisions of the Supreme
Court of Liberia or actions of its Legislative Assembly already delivered or
taken. The Court is not asked to re-examine in abstracto the judgment of the
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