African Charter on Human and Peoples' Rights (Banjul Charter)
African Charter on Human and Peoples' Rights (Banjul Charter)
Article 131.Every citizen shall have the right to participate freely in the government of his country, either directly or through freely chosen representatives in accordance with the provisions of the law. 2.Every citizen shall have the right of equal access to the public service of his country. 3. Every individual shall have the right of access to public property and services in strict equality of all persons before the law.
African Charter on Human and Peoples' Rights (Banjul Charter)
Article 19All peoples shall be equal; they shall enjoy the same respect and shall have the same rights. Nothing shall justify the domination of a people by another.
African Charter on Human and Peoples' Rights (Banjul Charter)
Article 31.Every individual shall be equal before the law. 2.Every individual shall be entitled to equal protection of the law.
African Charter on Human and Peoples' Rights (Banjul Charter)
African Charter on Human and Peoples' Rights (Banjul Charter)
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 3: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; 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. 2. The Court shall have the power to determine any non-contractual liability of the Community and may order the Community to pay damages or make reparation for official acts or omissions of any Community institution or Community officials in the performance of official duties or functions. 3. Any action by or against a Community Institution or any Member of the Community shall be statute barred after three (3) years from the date when the right of action arose. 4. The Court has jurisdiction to determine case of violation of human rights that occur in any Member State. 5. Pending the establishment of the Arbitration Tribunal provided for under Article 16 of the Treaty, the Court shall have the power to act as arbitrator for the purpose of Article 16 of the Treaty. 6. The Court shall have jurisdiction over any matter provided for in an agreement where the parties provide that the Court shall settle disputes arising from the agreement. 7. The Court shall have the powers conferred upon it by the provisions of this Protocol as well as any other powers that may be conferred by subsequent Protocols and Decisions of the Community. 8. The Authority of Heads of State and Government shall have the power to grant the Court the power to adjudicate on any specific dispute that it may refer to the Court other than those specified in this Article.
African Charter on Human and Peoples' Rights
Article 56Communications relating to human and peoples' rights referred to in 55 received by the Commission, shall be considered if they: 1.Indicate their authors even if the latter request anonymity, 2.Are compatible with the Charter of the Organization of African Unity or with the present Charter, 3.Are not written in disparaging or insulting language directed against the State concerned and its institutions or to the Organization of African Unity, 4.Are not based exclusively on news discriminated through the mass media, 5.Are sent after exhausting local remedies, if any, unless it is obvious that this procedure is unduly prolonged,
African Charter on Human and Peoples' Rights
Article 50The Commission can only deal with a matter submitted to it after making sure that all local remedies, if they exist, have been exhausted, unless it is obvious to the Commission that the procedure of achieving these remedies would be unduly prolonged.
ECW/CCJ/JUD/05/07 Etim Moses Essien v Republic of Gambia & anor
African Charter on Human and Peoples' Rights
Article 31.Every individual shall be equal before the law. 2.Every individual shall be entitled to equal protection of the law.
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)
4. The Court has jurisdiction to determine case of violation of human rights that occur in any Member State.
ECOWAS Court Rules of Procedure
Article 881. Where it is clear that the Court has no jurisdiction to take cognizance of an action or where the action is manifestly inadmissible, the Court may, by reasoned order, after hearing the parties and without taking further steps in the proceedings, give a decision 2. The Court may at any time of its own motion consider whether there exists any absolute bar to proceeding with a case or declare, after hearing the parties, that the action has become devoid of purpose and that there is no need to adjudicate on it; it shall give its decision in accordance with Article 87(4) and (5) of these Rules.
African Charter on Human and Peoples' Rights (Banjul Charter)
Communication 155/96 - Social and Economic Rights Action Center (SERAC) & Center for Economic and Social Rights (CESR) v. Nigeria
Revised Treaty of Economic Community of West African States (1993)
Article 15 The Court of Justice Establishment and Functions There is hereby established a Court of Justice of the Community. The status, composition, powers, procedure and other issues concerning the Court of Justice shall be as set out in a Protocol relating thereto. The Court of Justice shall carry out the functions assigned to it independently of the Member States and the institutions of the Community. Judgements of the Court of Justice shall be binding on the Member States, the Institutions of the Community and on individuals and corporate bodies.
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)
African Charter on Human and Peoples' Rights
3Article 31.Every individual shall be equal before the law. 2.Every individual shall be entitled to equal protection of the law
African Charter on Human and Peoples' Rights
Article 131.Every citizen shall have the right to participate freely in the government of his country, either directly or through freely chosen representatives in accordance with the provisions of the law. 2.Every citizen shall have the right of equal access to the public service of his country. 3. Every individual shall have the right of access to public property and services in strict equality of all persons before the law.
African Charter on Human and Peoples' Rights
Article 131.Every citizen shall have the right to participate freely in the government of his country, either directly or through freely chosen representatives in accordance with the provisions of the law. 2.Every citizen shall have the right of equal access to the public service of his country. 3. Every individual shall have the right of access to public property and services in strict equality of all persons before the law.
African Charter on Human and Peoples' Rights
3Article 31.Every individual shall be equal before the law. 2.Every individual shall be entitled to equal protection of the law
African Charter on Human and Peoples' Rights (Banjul Charter)
Article 31.Every individual shall be equal before the law. 2.Every individual shall be entitled to equal protection of the law.
African Charter on Human and Peoples' Rights (Banjul Charter)
Article 31.Every individual shall be equal before the law. 2.Every individual shall be entitled to equal protection of the law.
African Charter on Human and Peoples' Rights (Banjul Charter)
Article 131.Every citizen shall have the right to participate freely in the government of his country, either directly or through freely chosen representatives in accordance with the provisions of the law. 2.Every citizen shall have the right of equal access to the public service of his country. 3. Every individual shall have the right of access to public property and services in strict equality of all persons before the law.
African Charter on Human and Peoples' Rights (Banjul Charter)
Article 131.Every citizen shall have the right to participate freely in the government of his country, either directly or through freely chosen representatives in accordance with the provisions of the law. 2.Every citizen shall have the right of equal access to the public service of his country. 3. Every individual shall have the right of access to public property and services in strict equality of all persons before the law.
African Charter on Human and Peoples' Rights (Banjul Charter)
African Charter on Human and Peoples' Rights (Banjul Charter)
Revised Treaty of Economic Community of West African States (1993)
Article 4 Fundamental Principles The High Contracting Parties, in pursuit of the objectives stated in Article 3 of this Treaty, solemnly affirm and declare their adherence to the following principles: Page 7 equality and inter-dependence of Member States; (p) solidarity and collective self-reliance; (q) inter-State cooperation, harmonization of policies and integration of programmes; (r) non-aggression between Member States; (s) maintenance of regional peace, stability and security through the promotion and strengthening of good neighbourliness; (t) peaceful settlement of disputes among Member States, active cooperation between neighbouring countries and promotion of a peaceful environment as a prerequisite for economic development; (u) recognition promotion and protection of human and peoples' rights in accordance with the provisions of the African Charter on Human and Peoples' Rights; (v) accountability, economic and social justice and popular participation in development; (w) recognition and observance of the rules and principles of the Community; (x) promotion and consolidation of a democratic system of governance in each Member State as envisaged by the Declaration of Political Principles adopted in Abuja on 6 July 1991; and (y) equitable and just distribution of the costs and benefits of economic cooperation and integration
African Charter on Human and Peoples' Rights (Banjul Charter)
African Charter on Human and Peoples' Rights (Banjul Charter)
Article 31.Every individual shall be equal before the law. 2.Every individual shall be entitled to equal protection of the law.
African Charter on Human and Peoples' Rights (Banjul Charter)
Article 131.Every citizen shall have the right to participate freely in the government of his country, either directly or through freely chosen representatives in accordance with the provisions of the law. 2.Every citizen shall have the right of equal access to the public service of his country. 3. Every individual shall have the right of access to public property and services in strict equality of all persons before the law.
African Charter on Human and Peoples' Rights (Banjul Charter)
African Charter on Human and Peoples' Rights (Banjul Charter)
ECW/CCJ/RUL/10/12 - Haruna Warkani & Anor, Joshua Iyamu & Anor v. President of ECOWAS Commission & ECOWAS Commission
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; 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. 2. The Court shall have the power to determine any non-contractual liability of the Community and may order the Community to pay damages or make reparation for official acts or omissions of any Community institution or Community officials in the performance of official duties or functions. 3. Any action by or against a Community Institution or any Member of the Community shall be statute barred after three (3) years from the date when the right of action arose. 4. The Court has jurisdiction to determine case of violation of human rights that occur in any Member State. 5. Pending the establishment of the Arbitration Tribunal provided for under Article 16 of the Treaty, the Court shall have the power to act as arbitrator for the purpose of Article 16 of the Treaty. 6. The Court shall have jurisdiction over any matter provided for in an agreement where the parties provide that the Court shall settle disputes arising from the agreement. 7. The Court shall have the powers conferred upon it by the provisions of this Protocol as well as any other powers that may be conferred by subsequent Protocols and Decisions of the Community. 8. The Authority of Heads of State and Government shall have the power to grant the Court the power to adjudicate on any specific dispute that it may refer to the Court other than those specified in this Article.
African Charter on Human and Peoples' Rights (Banjul Charter)
ECW/CCJ/JUD/05/11 Centre for Democracy and Development & Center for Defence of Human Rights and Democracy v Mamadou Tandja & Niger
ECW/CCJ/APP/01/04 - Chief Frank Ukor v. Rachad Laleye and Alinnor
ECW/CCJ/APP/05/06 - Moussa Leo Keita v. Republic of Mali
ECW/CCJ/JUD/05/11 Centre for Democracy and Development & Center for Defence of Human Rights and Democracy v Mamadou Tandja & Niger
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)
4. The Court has jurisdiction to determine case of violation of human rights that occur in any Member State.
African Charter on Human and Peoples' Rights (Banjul Charter)
Article 31.Every individual shall be equal before the law. 2.Every individual shall be entitled to equal protection of the law.
ECOWAS Court Rules of Procedure
Article 881. Where it is clear that the Court has no jurisdiction to take cognizance of an action or where the action is manifestly inadmissible, the Court may, by reasoned order, after hearing the parties and without taking further steps in the proceedings, give a decision 2. The Court may at any time of its own motion consider whether there exists any absolute bar to proceeding with a case or declare, after hearing the parties, that the action has become devoid of purpose and that there is no need to adjudicate on it; it shall give its decision in accordance with Article 87(4) and (5) of these Rules.
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 3: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; 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. 2. The Court shall have the power to determine any non-contractual liability of the Community and may order the Community to pay damages or make reparation for official acts or omissions of any Community institution or Community officials in the performance of official duties or functions. 3. Any action by or against a Community Institution or any Member of the Community shall be statute barred after three (3) years from the date when the right of action arose. 4. The Court has jurisdiction to determine case of violation of human rights that occur in any Member State. 5. Pending the establishment of the Arbitration Tribunal provided for under Article 16 of the Treaty, the Court shall have the power to act as arbitrator for the purpose of Article 16 of the Treaty. 6. The Court shall have jurisdiction over any matter provided for in an agreement where the parties provide that the Court shall settle disputes arising from the agreement. 7. The Court shall have the powers conferred upon it by the provisions of this Protocol as well as any other powers that may be conferred by subsequent Protocols and Decisions of the Community. 8. The Authority of Heads of State and Government shall have the power to grant the Court the power to adjudicate on any specific dispute that it may refer to the Court other than those specified in this Article.
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.
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)
2. The Court shall have the power to determine any non-contractual liability of the Community and may order the Community to pay damages or make reparation for official acts or omissions of any Community institution or Community officials in the performance of official duties or functions. 3. Any action by or against a Community Institution or any Member of the Community shall be statute barred after three (3) years from the date when the right of action arose. 4. The Court has jurisdiction to determine case of violation of human rights that occur in any Member State. 5. Pending the establishment of the Arbitration Tribunal provided for under Article 16 of the Treaty, the Court shall have the power to act as arbitrator for the purpose of Article 16 of the Treaty. 6. The Court shall have jurisdiction over any matter provided for in an agreement where the parties provide that the Court shall settle disputes arising from the agreement. 7. The Court shall have the powers conferred upon it by the provisions of this Protocol as well as any other powers that may be conferred by subsequent Protocols and Decisions of the Community. 8. The Authority of Heads of State and Government shall have the power to grant the Court the power to adjudicate on any specific dispute that it may refer to the Court other than those specified in this Article.
ECW/CCJ/JUD/05/11 Centre for Democracy and Development & Center for Defence of Human Rights and Democracy v Mamadou Tandja & Niger
ECOWAS Court Rules of Procedure
2. The Court may at any time of its own motion consider whether there exists any absolute bar to proceeding with a case or declare, after hearing the parties, that the action has become devoid of purpose and that there is no need to adjudicate on it; it shall give its decision in accordance with Article 87(4) and (5) of these Rules.
ECW/CCJ/JUD/05/11 Centre for Democracy and Development & Center for Defence of Human Rights and Democracy v Mamadou Tandja & Niger
ECW/CCJ/JUD/05/11 Centre for Democracy and Development & Center for Defence of Human Rights and Democracy v Mamadou Tandja & Niger