In MUSA LEO KEITA V. MALI (2004-2009) pg. 65, the court declared that it
had no jurisdiction to adjudicate on a judgment delivered by the court of a member
state.
Similarly in SIKIRU ALADE V. FEDERAL REP. OF NIGERIA (2012)
unreported, this Court reiterated its position in MUSA LEO KEITA V. MALI
(Supra) that it does not compose itself as an appellate court over decisions of
National courts.
As stated above, this Court lacks the jurisdiction to sit on appeal over decisions of
National Courts. Furthermore, this Court not being an enforcing body for decisions
of national courts of member states lacks the capacity to compel enforcement of
decisions of national Courts.
In MADAM ISABELLE MANAVI AMENGANVI V. REP. OF TOGO 2012
CCJELR the Court held that it cannot go beyond its scope of competence to
adjudicate on the reinstatement of the Applicants as that would amount to annulling
the decision made by the Constitutional Court, an act which would be outside the
purview of the Community Court of justice.
The Respondents also contend that the Applicants are statute barred from instituting
this action as the cause of action arose more than three years from the date of
instituting this action.
Article 9 (3) of the Supplementary Protocol A/SP.1/01/05 provides:
“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 the cause of action arose.”
The Court has drawn a clear distinction in its jurisprudence as it relates to limitation
status on actions that have already occurred and those that are of a continuous nature.
In SERAP V. FEDERAL REPUBLIC OF NIGERIA ECW/CCJ/JUD/18/12,
UNREPORTED the Court in its analysis stated that their subjection to the statute
of limitation depends on the characterization of the act as an isolated act or a
persistent and continuous omission that lasted until the date the complaint was filed
with the Court. The Court further held it trite that in situations of continued illicit
behavior, the statute of limitation only begins to run from the time when such
unlawful conduct or omission ceases.
In VALENTINA AYIKA V. REPUBLIC OF LIBERIA (2011) CCJELR, the
Court stated that where a violation of a right is continuous, a cause of action lies as
long as the infringement persists.
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