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The case is inadmissible and the Parties are to bear their respective costs. THIS DECISION IS MADE, ADJUDGED AND PRONOUNCED PUBLICLY BY THIS COURT, COMMUNITY COURT OF JUSTICE, ECOWAS; SITTING AT ABUJA, NIGERIA ON THE DAY 11TH DECEMBER, 2018. - PRESIDING ………………………. - MEMBER ………………………. HON. JUSTICE JANUARIA T. S. MOREIRA COSTA - MEMBER ……………………….. HON. JUSTICE EDWARD AMOAKO ASANTE HON. JUSTICE KEIKURA BANGURA TONY ANENE-MAIDOH - CHIEF REGISTRAR …………………………………………………….. 22

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COMPOSITION OF THE COURT2
SUMMARY OF FACTS3
RELIEFS SOUGHT BY THE APPLICANT5
ISSUES FOR DETERMINATION7
LEGAL ANYLYSIS BY THE COURT9
Article 15(4) of the Revised Treaty of the ECOWAS11
Article 9: Jurisdiction of the Court13

ECW/CCJ/JUD/30/18 - Chude Mba v. Ghana & 15 Ors (All ECOWAS Member States & ECOWAS Commission)

ECOWAS Court

Preview

ECCJ App no.: ECW/CCJ/APP/22/16

ECCJ Jud No.: ECW/CCJ/JUD/30/18

Type of Document

Judgement

Keywords

Implementation of Decisions

Country

Benin
Burkina Faso
Cape Verde
Côte d'Ivoire
ECOWAS / ECOWAS Organ
Gambia
Ghana
Guinea
Guinea Bissau
Liberia
Mali
Niger
Nigeria
Senegal
Sierra Leone
Togo

Outcome: Ruled Inadmissible

Year Decided: Dec 11, 2018

Duration of Procedure: ~ Dec 11, 2018

Country Geolocation

Latitude: 11.803749

Longitude: -15.180413

Country Geolocation (linked ECOWAS Court): Guinea-Bissau

Primary Documents

ECW_CCJ_JUD_30_18.pdf
English
ML TOC
Download View

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

Treaty

Universal Declaration of Human Rights (UDHR)

UN Document

ECOWAS Revised treaty

ARTICLE77SANCTIONSAPPLICABLEFORNON-FULFILMENTOFOBLIGATIONSWhere aMemberState fails tofulfilits obligations to the Community, the Authoritymaydecideto imposesanctionson thatMemberState.Thesesanctionsmayinclude:(i)suspensionofnewCommunityloansorassistance;(ii)suspensionofdisbursementon on-goingCommunityprojectsorassistanceprogrammes;43 ECOWASREVISEDTREATY(iii)exclusion from presentingcandidatesfor statutory and professional posts;(iv)suspension of voting rights; and(v)suspension from participating in the activities of the Community.3.Notwithstanding the provisions of paragraph 1 of this Article, the Authority maysuspendtheapplicationoftheprovisionsof the saidArticleif it issatisfiedon thebasis of a well supported and detailed report prepared by an independent bodyand submitted through the Executive Secretary, that thenon-fulfilmentof itsobligations is due to causes and circumstances beyond the control of the saidMemberState.4.The Authority shall decide on the modalities for the application of this Article.

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)

1.The Court has competence to adjudicate on any dispute relating to the following: a) The interpretation and application of the Treaty, Conventions and Protocols of the Community; b) The interpretation and application of the regulations, directives, decisions and other subsidiary legal instruments adopted by ECOWAS; c) The legality of regulations, directives, decisions and other legal instruments adopted by ECOWAS d) The failure by Member States to honor their obligations under the Treaty, Conventions and Protocols, regulations, directives, or decisions of ECOWAS; e) The provisions of the Treaty, Conventions and Protocols, regulations, directives or decisions of ECOWAS Member States; f) The Community and its officials; and g) The action for damages against a Community institution or an official of the Community for any action or omission in the exercise of official functions.

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)

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;

Treaty

ECOWAS Revised treaty

4.Judgements of the Court of Justice shall be binding on theMemberStates, theInstitutions of the Community and on individuals and corporate bodies.

Treaty

ECOWAS Revised treaty

2.Each Member State shall, in accordance with its constitutional procedures, takeallnecessarymeasurestoensuretheenactmentanddisseminationofsuchlegislativeandstatutorytextsasmaybenecessaryfortheimplementationoftheprovisions of this Treaty.3.Each Member State undertakes to honour its obligations under this Treaty and toabide by thedecisionsandregulationsof theCommunity.

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 24: Method of implementation of Judgments of the Court: 1. Judgments of the Court that have financial implications for nationals of Member States or Member States are binding. 2. Execution of any decision of the Court shall be in form of a writ of execution, which shall be submitted by the Registrar of the Court to the relevant Member State for execution according to the rules of civil procedure of that Member State. 3. Upon the verification by the appointed authority of the recipient Member State that the writ is from the Court, the writ shall be enforced. 4. All Member States shall determine the competent national authority for the purpose of recipient and processing of execution and notify the Court accordingly. 5. The writ of execution issued by the Community Court may be suspended only by a decision of the Community Court of Justice.”

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)

d) The failure by Member States to honor their obligations under the Treaty, Conventions and Protocols, regulations, directives, or decisions of ECOWAS; e) The provisions of the Treaty, Conventions and Protocols, regulations, directives or decisions of ECOWAS Member States; f) The Community and its officials; and

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 9 of the Protocol on Community Court of Justice substituted. Article 9 of the Protocol relating to the Community Court of Justice is hereby deleted and substituted by the following new provisions: “Article 9: Jurisdiction of the Court. 1.The Court has competence to adjudicate on any dispute relating to the following: a) The interpretation and application of the Treaty, Conventions and Protocols of the Community;

Treaty

ECOWAS Revised treaty

4.Judgements of the Court of Justice shall be binding on theMemberStates, theInstitutions of the Community and on individuals and corporate bodies.

Treaty

ECOWAS Revised treaty

ARTICLE5GENERALUNDERTAKINGS1.MemberStatesundertaketo createfavourableconditionsfor theattainmentoftheobjectivesoftheCommunity,andparticularlytotakeallnecessarymeasurestoharmonisetheirstrategiesandpolicies,andtorefrainfromanyactionthatmayhinder theattainmentof the said objectives.2.Each Member State shall, in accordance with its constitutional procedures, takeallnecessarymeasurestoensuretheenactmentanddisseminationofsuchlegislativeandstatutorytextsasmaybenecessaryfortheimplementationoftheprovisions of this Treaty.3.Each Member State undertakes to honour its obligations under this Treaty and toabide by thedecisionsandregulationsof theCommunity.

Treaty

ECOWAS Revised treaty

2.TheAuthorityshallberesponsibleforthegeneraldirectionandcontroloftheCommunityandshalltakeallmeasurestoensureitsprogressivedevelopmentand the realisation of itsobjectives

Treaty

ECOWAS Revised treaty

Treaty

ECOWAS Revised treaty

4.Judgements of the Court of Justice shall be binding on theMemberStates, theInstitutions of the Community and on individuals and corporate bodies

Treaty

ECW/CCJ/JUD/01/04 Afolabi Oladjide v. Nigeria

ECOWAS Court

ECW/CCJ/JUD/13/19 Karim Meissa Wade v Senegal

ECOWAS Court

ECW/CCJ/JUD/12/15 Vamo et Kuekia Pascal v Benin

ECOWAS Court

ECW/CCJ/JUD/07/13 Aziagbede Kokou & 33 Ors, Atsou Komlavi & 4 Ors, & Tomekpe Lanou & 29 Ors v. Togo

ECOWAS Court

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

Rules of the Court of Justice of the Economic Community of West African States

Article 951. An application for interpretation of a judgment under Article 23 of the Protocol shall be made in accordance with Articles 32 and 33 of these Rules. In addition it shall specify: (a) The judgment in question; (b) The passages of which interpretation is sought.2. The application must be made against all the parties to the case in which the judgment was given. 3. The Court shall give its decision in the form of a judgment after having given the parties an opportunity to submit their observations and after hearing the parties. . 4. The original of the interpreting judgment shall be annexed to the original of the judgment interpreted. 5. A note of the interpreting judgment shall be made in the margin of the original of the judgment interpreted.

Treaty

ECW/CCJ/JUD/18/16 The Incorporated Trustees of Fiscal and Civic Right Enlightenment Foundation v. Nigeria et al.

ECOWAS Court

ECW/CCJ/JUD/20/18 - Gabriel Inyang & Linus Iyeme v Nigeria

ECOWAS Court

ECOWAS Revised treaty

g)refer where it deems necessary anymatterto theCommunityCourtofJusticewhenitconfirms,thataMemberStateorinstitutionoftheCommunityhas failedtoiionouranyofitsObligationsor aninstitutionoftheCommunityhasactedbeyondthelimitsofitsauthorityor hasabusedthepowersconferredon it by theprovisionsof thisTreaty,by adecisionoftheAuthorityor aregulationoftheCouncil;

Treaty

ECOWAS Revised treaty

Treaty

ECW/CCJ/JUD/13/19 Karim Meissa Wade v Senegal

ECOWAS Court

ECOWAS Revised treaty

4.Judgements of the Court of Justice shall be binding on theMemberStates, theInstitutions of the Community and on individuals and corporate bodies

Treaty

Rules of the Court of Justice of the Economic Community of West African States

Article 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.

Treaty

Rules of the Court of Justice of the Economic Community of West African States

Treaty

Rules of the Court of Justice of the Economic Community of West African States

Treaty

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- ECOWAS Court7
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