Indeed, they are part of those which the Court has already examined in
2014 in the proceedings No. ECW/CCJ/APP/07/12 and for which it had
to make the decision dated 6 March 2014;
IV.20- Moreover, the assessments that a national court, be it the
Constitutional Court, gives the facts on which this Court has already
ruled, are not necessary to it to the point of questioning its jurisprudence;
IV.21- Therefore, it is legitimate to wonder: can the Court deal with a
matter that has already been judged? The general rule of law want the
response not to be only negative, outside, in the case of the Community
Court of Justice - ECOWAS, opposition opportunities, third party
proceedings and revision provided for in Articles 90, 91 and 92 of the
Rules;
However, the applicant's action cannot be enrolled in any of these
remedies;
IV.22- unquestionably, in this case there is authority of res judicata;
whereby, this principle prohibits the parties to bring anew before the
court the dispute that was already settled;
IV.23- In these conditions it is necessary to declare the action of Mr
AMOUSSOU inadmissible;
- As to the Costs
IV.24- Article 66.2 of the Rules of the Community Court Justice - ECOWAS
states that “The unsuccessful party shall be ordered to pay the costs if
they have been applied for in the successful party’s pleadings";
In this case, the applicant's action will not prosper;
In addition, the Republic of Benin has specifically requested the order for
costs;
It is therefore applicable to order the applicant to bear the cost;
FOR THESE REASONS
Adjudicating publicly, in first and last resort, after hearing both
parties on the issue of human rights violation;
Admits the expedited procedure requested by Mr AMOUSSOU;
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