- 15 9.5. In this instant case, let us look at who the Defendants are; those persons against
whom the complaint has been filed are:
1. The West African Monetary Agency
2. The Director General, WAMA
3. The President, ECOWAS Commission
4. The Chairman, Committee of Governors, ECOWAS Member
Central Banks
5. Attorney General of the Republic of Sierra Leone
6. The Republic of Sierra Leone
9.6. In principle, therefore, and in conformity with the jurisprudence of this Court,
the Applicant, relying on the African Charter on Human and Peoples’ Rights, should
have brought her case against a State, in this case, the Republic of Sierra Leone, if
at all said State was involved in the controversy of this case.
9.7. The Application being filed against all the entities who are not States, then the
complaint should have been one for damages for acts or omissions of a Community
Institution or Official in the performance of official duties or functions (Article 9(2)
of the 2005 Protocol on the Community Court of Justice or for annulment of the
measures taken against her by her employer (Article 10 (c) of the 2005 Protocol) and
not for human rights violation because one cannot bring a complaint for human rights
violation against the ECOWAS Commission and other Community Institutions, as
these entities are not parties to the African Charter; only States are.
9.8. We herein mention only in passing that the initiating Application ought not to
have been entertained by this Court in the form it was in to begin with, but our
predecessors already admitted the case and even adjudicated upon it, however, it was
important to point this out.
9.9. As we have stated earlier in this Judgment, there is or was absolutely no basis
for this application for revision filed by the Applicant based on the governing laws
for revision: Article 25(1) of the 1991 Protocol, Article 92 of the Rules of the
Court, and Article 93(2) of the Rules of Court.
9.10. Further to this, the Application is also not in conformity with the provisions
of these governing laws for the following reasons: