This definition of “cause of action” has received the blessings of this Court
when it delivered itself in the following words in the case of INCORPORATED
TRUSTEES OF FISCAL & CIVIC RIGHTS ENLIGHTENMENT FOUNDATION v.
FEDERAL REP. OF NIGERIA & 2 ORS ECW/CCJ/JUD/18/16 as:
“a matter for which an action can be brought, a legal right predicated on
facts upon which an action may be sustained. It is the right to bring a suit
based on factual situations disclosing the existence of a legal right. It is often
used to signify the subject matter of a complaint or claim on which a given
action or suit is grounded whether or not legally maintainable.” See also
Gabriel Inyang & Anor V. The Federal Republic of Nigeria ECW/CCJ/JUD/20/18
unreported.
Article 3(1) of the Supplementary Act A/SP.13/02/12 provides:
“Member State or their leaders that fail to honour their obligations to the
Community shall be liable to judicial and political sanctions”.
Article 7(3) (g) of the ECOWAS Revised Treaty vest in the Authority of Heads
of States and government the powers to refer where it deems necessary any
matter to the Community Court of Justice when it confirms that a Member
State or Institution of the Community has failed to honour any of its
obligations.
Again, Article 77 of the Revised Treaty, sets out a sanctions regime for states
that fail to undertake their obligations under the treaty.
Article 77 provides for sanctions applicable for non - fulfilment of obligations as
follows:
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