xii. The Republic of Mali became a Party to the Charter on 21 October
1986 and to the Protocol on 25 January 2004. It deposited the
Declaration through which it accepted the jurisdiction of the Court to
accept cases from individuals and NGOs on 19 February 2010.
xiii. The Republic of Cabo Verde became a Party to the Charter on 6
August 1987. It is not a Party to the Protocol and has, therefore, not
deposited the Declaration.
xiv. The Republic of Sierra Leone became a Party to the Charter on 21
October 1986. It is not a Party to the Protocol and has, therefore, not
deposited the Declaration.
xv. The Republic of Guinea Bissau became a Party to the Charter on 21
October 1986 and to the Protocol on 2 November 2021. It deposited
the Declaration on 2 November 2021 thereby accepting the
jurisdiction of the Court to accept cases from individuals and NGOs.
II.
SUBJECT OF THE APPLICATION
A. Facts of the matter
3.
The Applicants allege that following an extraordinary summit of the Heads
of States and Governments, the Chief Justices of ECOWAS member
States, acting in their capacity as the “Community’s Judicial Service
Commission”, proposed an amendment to Protocol A/P.1/7/79 on the
ECOWAS Community Court of Justice to incorporate the requirement of
exhaustion of domestic remedies as a prerequisite for the admissibility of
cases.
4.
The Applicants contend that the proposal to incorporate the requirement for
the exhaustion of domestic remedies would procedurally and substantively
deprive them of their fundamental rights enshrined in the Charter and other
international human rights instruments.
5