when such courts or parties in litigation expressly so request it within the strict
context of the interpretation of the positive Jaw of the Community. Hence, the
objection raised by the Defence regarding the ratione materae competence of the
Comt must be declared admissible.
B) AS TO THE STATUS OF THE APPLICANT
27. Moussa Leo KeYta is a natural person in Private Law, an ordinmy citizen of the
State of Mali.
28. Having regard to Atticles 9 and IO cited above, the persons qualified to appear
before the Court of Justice of ECOWAS-- in other words, the persons who have
the status to bring cases before the Comt, are:
•
•
•
•
The Member States ofECOWAS
The Institutions ofECOWAS
The StaffofECOWAS
Individuals and corporate bodies in proceedings for the dete1mination of an act
or inaction of a Community official which violates the rights of the individuals
or corporate bodies
• Individuals and corporate bodies victim of violation of Human Rights
• The national comts or the pmties concerned, when the Comi has to adjudicate
on preliminary grounds upon the interpretation of the Treaty, Protocols or Rules
29. Can Moussa Leo Keila justify his existence with respect to these persons and
thereby enter into one of the above-mentioned groups?
Yes, in the sense that Moussa Leo Keila is a natural person in Private Law.
30. But does this status empower him to bring an action, such as this, before the
present Court?
Unlik:e- oihei-lnte1:national comis of justice, such as the European Cou11 of Human
Rights, the Community Comi of Justice, ECOWAS, does not possess, among
others, the competence to revise decisions made by the domestic courts of Member
States; it is neither a court of appeal nor a court of cassation (cour de cassation)
vis-a-vis the national courts, and as such, the action of the Applicant cannot thrive.
8
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