I- GROUNDS FOR THE JUDGMENT As to form 1. On the order to set aside the case, due to lack of quality of the Collectif des Associations contre l’Impunité au Togo raised by Defendant 36. Whereas Article 12 of Protocol (A/P1/7/91) of 6 July 1991 on the Community Court of Justice, ECOWAS provides that: « Each party to a dispute shall be represented before the Court by one or more agents nominated by the party concerned for this purpose. The agents may, where necessary, request the assistance of one or more Advocates or Counsels who are recognised by the laws and regulations of the Member States as being empowered to appear in Court in their area of jurisdiction. 37. Whereas in the instant case, Mr. AGBETOGNON Koffi is represented by the Collectif des Associations contre l’Impunité au Togo; thus he did not represent himself in Court; 38. However, whereas there was no trace of mandate given to the said Collectif by Mr. AGBETOGNON Koffi, to represent him in Court; 39. Indeed, whereas since representation before Court must be through a legal document, that is mandate, through which the Plaintiff/Applicant gives full power to an 11

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