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81. DECISION The Court orders as follows: 1. That the issues raised in the preliminary application for striking out are hereby deferred and a decision on them shall be given at the end of the substantive trial. 2. That the interlocutory application succeeds and it is granted, with an order that the defendants shall not carry out any exercise to appoint a Director of Administration pending the determination of the substantive suit. 3. That that Plaintiff shall give an undertaking to pay damages at the end of the trial "' if judgment is entered against her (Applicant) 4. Parties shall bear their respective costs. THIS JUDGMENT IS READ AND DELIVERED IN PUBLIC ON THE 10TH DAY OF OCTOBER 2005. JUSTICE H. N. DONLI, PRESIDENT, COMMUNITYCOURTOFJUSTICE,ECOWAS, ABUJA, NIGERIA. TONY ANENE- MAIDOH, CHIEF REGISTRAR, COMMUNITY COURT OF JUSTICE, ABUJA, NIGERIA. 20

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JUD/ECW/CCJ/JUD/04/05 Tokumbo L. Oyemade v. ECOWAS Executive Secretary & 2 Ors

ECOWAS Court

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ECCJ App no.: ECW/CCJ/APP/01/05

ECCJ Jud No.: ECW/CCJ/JUD/04/05

Type of Document

Dissenting Opinion
Judgement

Keywords

Right to Fair Trial
Right to Property
Workers' Rights

Country

ECOWAS / ECOWAS Organ

Outcome: Outcome Inconclusive

Duration of Procedure: Mar 21, 2005 ~ Oct 10, 2005

Primary Documents

JUD-ECW-CCJ-JUD-04-05-Exc. Secretary ECOWAS v. Mrs.Tokunbo L.Oyemade.pdf
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JUD-ECW-CCJ-JUD-04-05-Exc. Secretary ECOWAS v. Mrs.Tokunbo L.Oyemade.pdf
English
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JUD-ECW-CCJ-JUD-04-05-Exc. Secretary ECOWAS v. Mrs.Tokunbo L.Oyemade-10_10_05-vA.pdf
English
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ECOWAS Court Rules of Procedure

rticle 351. Within one month after service on him of the application, the defendant shall lodge a defense, stating: (a) the name and address of the defendant; (b) The arguments of fact and law relied on; (c) the form of order sought by the defendant; (d) the nature of any evidence offered by him. The provisions of Article 32 of these Rules shall apply to the defense. 2. The time limit laid down in paragraph 1 of this Article may be extended by the President on a reasoned application by the defendant.

Rules of Procedure

ECOWAS Court Rules of Procedure

Article 591. On application by the applicant or the defendant, the President may exceptionally decide, on the basis of the facts before him and after hearing the other party, that a case is to be determined pursuant to an expedited procedure derogating from the provisions of these Rules, where the particular urgency of the case requires the Court shall give its ruling with the minimum of delay. 2. An application for a case to be decided under an expedited procedure shall be made by a separate document lodged at the same time as the application initiating the proceedings or the defense, as the case may be. 3. Under the expedited procedure, the originating application and the defense may be supplemented by a reply and a rejoinder only if the President considers this to be necessary. 4. An intervener may lodge a statement in intervention only if the President considers this to be necessary. 5. Once the defense has been lodged or, if the decision to adjudicate under an Expedited procedure is not made until after that pleading has been lodged, once that decision has been taken, the President shall fix a date for the hearing, which shall be communicated forthwith to the parties. 6. He may postpone the date of the hearing where the organization of measures of inquiry or of other preparatory measures so requires. 7. Without prejudice to rules, the parties may supplement their arguments and offer further evidence in the course of the oral procedure. They must, however, give reasons for the delay in offering such further evidence. 8. The Court shall give its ruling after hearing the parties.

Rules of Procedure

ECOWAS Court Rules of Procedure

Article 791. An application under Article 20 of the Protocol shall state the subject- matter of the proceedings, the circumstances giving rise to urgency and the pleas of fact and law establishing a prima facie case for the interim measures applied for. 2. The application shall be made by a separate document and in accordance with the provisions of Articles 32 and 33 of these Rules.

Rules of Procedure

African Charter on Human and Peoples' Rights (Banjul Charter)

Article 71.Every individual shall have the right to have his cause heard. This comprises: (a) the right to an appeal to competent national organs against acts of violating his fundamental rights as recognized and guaranteed by conventions, laws, regulations and customs in force; (b) the right to be presumed innocent until proved guilty by a competent court or tribunal; (c) the right to defense, including the right to be defended by counsel of his choice; (d) the right to be tried within a reasonable time by an impartial court or tribunal. 2.No one may be condemned for an act or omission which did not constitute a legally punishable offence at the time it was committed. No penalty may be inflicted for an offence for which no provision was made at the time it was committed. Punishment is personal and can be imposed only on the offender.

Treaty

ECOWAS Court Rules of Procedure

Rules of Procedure

African Charter on Human and Peoples' Rights (Banjul Charter)

Treaty

ECOWAS Court Rules of Procedure

4. The order shall have only an interim effect, and shall be without prejudice to the decision of the Court on the substance of the case

Rules of Procedure

ECOWAS Revised treaty

Treaty

Supplementary Protocol A/SP.1/01/05 Amending the Preamble and Articles 1, 2, 9 and 30 of Protocol A/P.1/7/91 Relating to the Community Court of Justice and Article 4 Paragraph 1 of the English Version of the Said Protocol (ECOWAS Court Supplementary Protocol 2005)

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.”

Treaty

Supplementary Protocol A/SP.1/01/05 Amending the Preamble and Articles 1, 2, 9 and 30 of Protocol A/P.1/7/91 Relating to the Community Court of Justice and Article 4 Paragraph 1 of the English Version of the Said Protocol (ECOWAS Court Supplementary Protocol 2005)

Treaty

Protocol A/P.I/7/91 on the Community Court of Justice

Article 20: Provisional Measures and InstructionsThe Court, each time a case is brought before it, may order any provisional measures or issue any provisional instructions which it may consider necessary or desirable.

Treaty

Statute of the International Court of Justice

Article 381. The Court, whose function is to decide in accordance with international law such disputes as are submitted to it, shall apply:a.international conventions, whether general or particular, establishing rules expressly recognized by the contesting states;b.international custom, as evidence of a general practice accepted as law;c.the general principles of law recognized by civilized nations; d.subject to the provisions of Article 59, judicial decisions and the teachings of the most highly qualified publicists of the various nations, as subsidiary means for the determination of rules of law.2. This provision shall not prejudice the power of the Court to decide a caseex aequo et bono, if the parties agree thereto.

UN Document

Statute of the International Court of Justice

c.the general principles of law recognized by civilized nations;

UN Document

Aegean Sea Continental Shelf Case (Greece v Turkey) 1978

ICJ Document

ECOWAS Court Rules of Procedure

PROCEDUREArticle 871. A party applying to the Court for a decision on a preliminary objection or other preliminary plea not going to the substance of the case shall make the application by a separate document. 2. The application must state the pleas of fact and law relied on and the form of order sought by the applicant and any supporting documents must be annexed to it. 3. As soon as the application has been lodged, the President shall prescribe a period within which the opposite party may lodge a document containing a statement of the form of order sought by that party and its pleas in law. 4. Unless the Court decides otherwise, the remainder of the proceedings shall be oral. 5. The Court shall, after hearing the parties decide on the application or reserve its decision for the final judgment. If the Court refuses the application or reserves its decision, the President shall prescribe new time limits for the further steps in the proceedings.

Rules of Procedure

Supplementary Protocol A/SP.1/01/05 Amending the Preamble and Articles 1, 2, 9 and 30 of Protocol A/P.1/7/91 Relating to the Community Court of Justice and Article 4 Paragraph 1 of the English Version of the Said Protocol (ECOWAS Court Supplementary Protocol 2005)

Treaty

Supplementary Protocol A/SP.1/01/05 Amending the Preamble and Articles 1, 2, 9 and 30 of Protocol A/P.1/7/91 Relating to the Community Court of Justice and Article 4 Paragraph 1 of the English Version of the Said Protocol (ECOWAS Court Supplementary Protocol 2005)

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;

Treaty

ECOWAS Court Rules of Procedure

5. The Court shall, after hearing the parties decide on the application or reserve its decision for the final judgment. If the Court refuses the application or reserves its decision, the President shall prescribe new time limits for the further steps in the proceedings.

Rules of Procedure

Protocol A/P.I/7/91 on the Community Court of Justice

Article 19: Decisions of the Court1. The Court shall examine the dispute before it in accordance with the provisions of the Treaty and its Rules of Procedure. It shall also apply, as necessary, the body of laws as contained in Article 38 of the Statutes of the International Court of Justice.2. Decisions of the Court shall be read in open court and shall state the reasons on which they are based. Subject to the provisions on review contained in this Protocol, such decisions shall be final and immediately enforceable.3. The Court shall give only one decision in respect of each dispute brought before it. Its deliberations shall be secret and its decisions shall be taken by a majority of the members.

Treaty

Statute of the International Court of Justice

c.the general principles of law recognized by civilized nations;

UN Document

Aegean Sea Continental Shelf Case (Greece v Turkey) 1978

ICJ Document

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- Rules of Procedure7
- Treaty9
- UN Document3
International cases/decisions2
- ICJ Document2

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