is that the Supplementary Protocol is procedural in nature and effect and for that reason it has reh·ospective effect in law. 18. b1 the case of Barbieri vs Mon-is, Mo; 315 S.W. 2d 711 at page 714) it was said that retroactive laws are generally defined from a legal viewpoint as those which take away or impair vested rights acquired under existing laws, create new obligations, impose a new duty or attach a new disability in respect to the h·ansactions or considerations already past. In other words it is a law that is intended to act on things, which are past. 19. Another important definition is to be found in the case of Bear Val Mutual Water Co. vs. San Benrnrdino County) 242 Cal. App. 2d) 68, ·where it was stated that a reh·ospective law is one which looks backward or contemplates the past, one which is made to affect acts or facts occurring, or rights accruing, before it came into force. Every statute, which takes away or impairs vested rights acquired under existing laws, or creates a new obligation, imposes a new duty, or attaches a new disability in respect of h·ansactions or considerations already past. One which relates back to a previous h·ansaction and gives it a different legal effect from that which it had under the law when it occurred. 20. Counsel submitted that the intention of ECOWAS was to make the Supplementaiy Protocol have retrospective effect. Rather unfortunate to recall, Counsel did not refer to even a single vvord in the entire Supplementary Protocol from which the remotest implication could be made that it should have retrospective effect. Counsel did not say in what way it was procedural. Fron1 Counsels' own submission, the Supplementary Protocol is a law that creates rights, albeit the right of access to the Court to individuals, thus it is substantive law. By implication too, since there is nothing on the face of the Supplementaiy Protocol that it should be retrospective, it should not be given that effect. 6 Downloaded from worldcourts.com. Use is subject to terms and conditions. See worldcourts.com/terms.htm

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