suit is the failure of a member state of ECOWAS to honour its treaty
obligation as enshrined in Article 5(1), (2) & (3) and 15(4) and the role of the
16th & 17th Defendants in measures to ensure compliance by member states
of ECOWAS with their treaty obligations provided for under Articles 7(2) and
77 of the Revised Treaty of ECOWAS.
LEGAL ANYLYSIS BY THE COURT
To determine whether this Court has jurisdiction to entertain this suit or not,
the following pertinent sub-issue needs to be resolved as to whether the
subject matter of this suit is the enforcement of the judgment of the Court
dated 6/1 1/13 given in favour of the Plaintiff or it is the failure of a member
state of ECOWAS to honour its treaty obligations as provided for in the
relevant Texts of the Community.
The subject matter, if properly put in perspective, will help this Court
interrogate the 16th & 17th Defendants’ preliminary objection vis-à-vis the
claims of the Plaintiff. It is trite that the subject matter of any suit is deduced
from the pleadings of the parties, together with the relevant legal principles
regulating the conduct and activities forming the blocks of the pleadings. To
this end, and in this suit, the subject matter is discernible from the pleadings
of the parties thus far before this Court and the legal grounds of their
respective claims.
The Plaintiff, from his own showing and the legal texts of the Court grounding
his claims, cannot be said to be merely seeking declaratory reliefs. It matters
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