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17.CHAIRMAN, AUTHORITY OF HEAD OF STATE AND GOVERNMENT, ECOWAS COMPOSITION OF THE COURT HON. JUSTICE EDWARD AMOAKO ASANTE - PRESIDING HON. JUSTICE KEIKURA BANGURA - MEMBER HON. JUSTICE JANUARIA T. S. MOREIRA COSTA - MEMBER ASSISTED BY TONY ANENE-MAIDOH - CHIEF REGISTRAR JUDGMENT PARTIES The Applicant is a Nigerian citizen with dual Nigerian/British citizenship and as such a citizen of the Economic Community of West African States (ECOWAS). The 1st Respondent is the government of the Republic of Ghana, a Member State of the ECOWAS and the Defendant in Suit No. ECW/CCJ/APP/01/13- Mr. Chude Mba V. Republic of Ghana. The 2nd-15th Respondents are other Member States of the ECOWAS while the 16th Respondent is an appointee of the 17th Respondent who presides over the affairs of the ECOWAS Commission, the Executive arm of the Community. The 17th Respondent is the Chairman of the highest organ of ECOWAS, the Authority of Heads of State and Government of ECOWAS. For convenience of reference the parties hereinafter shall be referred to as the Plaintiff and Defendants. 2

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COMPOSITION OF THE COURT2
SUMMARY OF FACTS3
RELIEFS SOUGHT BY THE APPLICANT5
ISSUES FOR DETERMINATION7
LEGAL ANYLYSIS BY THE COURT9
Article 15(4) of the Revised Treaty of the ECOWAS11
Article 9: Jurisdiction of the Court13

ECW CCJ JUD 30 18

Tribunal da CEDEAO

Preview

ECCJ App no.: ECW/CCJ/APP/22/16

ECCJ Jud No.: ECW/CCJ/JUD/30/18

Tipo de Documento

Acórdão

Palavras-Chave

Implementação da Decisão

Estado

Benim
Burkina Faso
cabo Verde
CEDEAO / Órgão da CEDEAO
Côte d'Ivoire
Gâmbia
Gana
Guiné
Guiné-Bissau
Libéria
Mali
Níger
Nigéria
Senegal
Serra Leoa
Togo

Resultado: Declarado Inadmissível

Data da Decisão: 11 de dez. de 2018

Duração do Procedimento: ~ 11 de dez. de 2018

Country Geolocation

Latitude: 11.803749

Longitude: -15.180413

Country Geolocation (linked Tribunal da CEDEAO): Guinea-Bissau

Primary Documents

ECW_CCJ_JUD_30_18.pdf
English
ML TOC
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Banjul charter

Tratado

2. Universal Declaration of Human Rights

Documento das Nações Unidas

ECOWAS Revised treaty

ARTICLE77SANCTIONSAPPLICABLEFORNON-FULFILMENTOFOBLIGATIONSWhere aMemberState fails tofulfilits obligations to the Community, the Authoritymaydecideto imposesanctionson thatMemberState.Thesesanctionsmayinclude:(i)suspensionofnewCommunityloansorassistance;(ii)suspensionofdisbursementon on-goingCommunityprojectsorassistanceprogrammes;43 ECOWASREVISEDTREATY(iii)exclusion from presentingcandidatesfor statutory and professional posts;(iv)suspension of voting rights; and(v)suspension from participating in the activities of the Community.3.Notwithstanding the provisions of paragraph 1 of this Article, the Authority maysuspendtheapplicationoftheprovisionsof the saidArticleif it issatisfiedon thebasis of a well supported and detailed report prepared by an independent bodyand submitted through the Executive Secretary, that thenon-fulfilmentof itsobligations is due to causes and circumstances beyond the control of the saidMemberState.4.The Authority shall decide on the modalities for the application of this Article.

Tratado

Supplementary protocol

1.The Court has competence to adjudicate on any dispute relating to the following: a) The interpretation and application of the Treaty, Conventions and Protocols of the Community; b) The interpretation and application of the regulations, directives, decisions and other subsidiary legal instruments adopted by ECOWAS; c) The legality of regulations, directives, decisions and other legal instruments adopted by ECOWAS d) The failure by Member States to honor their obligations under the Treaty, Conventions and Protocols, regulations, directives, or decisions of ECOWAS; e) The provisions of the Treaty, Conventions and Protocols, regulations, directives or decisions of ECOWAS Member States; f) The Community and its officials; and g) The action for damages against a Community institution or an official of the Community for any action or omission in the exercise of official functions.

Tratado

Supplementary protocol

d) Individuals on application for relief for violation of their human rights; the submission of application for which shall: i. Not be anonymous; nor ii. Be made whilst the same matter has been instituted before another International Court for adjudication; e) Staff of any Community institution, after the Staff Member has exhausted all appeal processes available to the officer under the ECOWAS Staff Rules and Regulations;

Tratado

ECOWAS Revised treaty

2.Each Member State shall, in accordance with its constitutional procedures, takeallnecessarymeasurestoensuretheenactmentanddisseminationofsuchlegislativeandstatutorytextsasmaybenecessaryfortheimplementationoftheprovisions of this Treaty.3.Each Member State undertakes to honour its obligations under this Treaty and toabide by thedecisionsandregulationsof theCommunity.

Tratado

ECOWAS Revised treaty

4.Judgements of the Court of Justice shall be binding on theMemberStates, theInstitutions of the Community and on individuals and corporate bodies.

Tratado

Supplementary protocol

“Article 24: Method of implementation of Judgments of the Court: 1. Judgments of the Court that have financial implications for nationals of Member States or Member States are binding. 2. Execution of any decision of the Court shall be in form of a writ of execution, which shall be submitted by the Registrar of the Court to the relevant Member State for execution according to the rules of civil procedure of that Member State. 3. Upon the verification by the appointed authority of the recipient Member State that the writ is from the Court, the writ shall be enforced. 4. All Member States shall determine the competent national authority for the purpose of recipient and processing of execution and notify the Court accordingly. 5. The writ of execution issued by the Community Court may be suspended only by a decision of the Community Court of Justice.”

Tratado

Supplementary protocol

Article 9 of the Protocol on Community Court of Justice substituted. Article 9 of the Protocol relating to the Community Court of Justice is hereby deleted and substituted by the following new provisions: “Article 9: Jurisdiction of the Court. 1.The Court has competence to adjudicate on any dispute relating to the following: a) The interpretation and application of the Treaty, Conventions and Protocols of the Community;

Tratado

Supplementary protocol

d) The failure by Member States to honor their obligations under the Treaty, Conventions and Protocols, regulations, directives, or decisions of ECOWAS; e) The provisions of the Treaty, Conventions and Protocols, regulations, directives or decisions of ECOWAS Member States; f) The Community and its officials; and

Tratado

ECOWAS Revised treaty

4.Judgements of the Court of Justice shall be binding on theMemberStates, theInstitutions of the Community and on individuals and corporate bodies.

Tratado

ECOWAS Revised treaty

ARTICLE5GENERALUNDERTAKINGS1.MemberStatesundertaketo createfavourableconditionsfor theattainmentoftheobjectivesoftheCommunity,andparticularlytotakeallnecessarymeasurestoharmonisetheirstrategiesandpolicies,andtorefrainfromanyactionthatmayhinder theattainmentof the said objectives.2.Each Member State shall, in accordance with its constitutional procedures, takeallnecessarymeasurestoensuretheenactmentanddisseminationofsuchlegislativeandstatutorytextsasmaybenecessaryfortheimplementationoftheprovisions of this Treaty.3.Each Member State undertakes to honour its obligations under this Treaty and toabide by thedecisionsandregulationsof theCommunity.

Tratado

ECOWAS Revised treaty

2.TheAuthorityshallberesponsibleforthegeneraldirectionandcontroloftheCommunityandshalltakeallmeasurestoensureitsprogressivedevelopmentand the realisation of itsobjectives

Tratado

ECOWAS Revised treaty

Tratado

ECOWAS Revised treaty

4.Judgements of the Court of Justice shall be binding on theMemberStates, theInstitutions of the Community and on individuals and corporate bodies

Tratado

ECW/CCJ/JUD/01/04 Afolabi Oladjide c. Nigéria

Tribunal da CEDEAO

JUD ECW CCJ JUD 13 19 KARIM MEISSA WADE v SENEGAL

Tribunal da CEDEAO

ECW CCJ JUD 12 15

Tribunal da CEDEAO

JUD ECW CCJ JUD 07 13 Aziagbede kokou v. Rep of TOGO 03 07 13 vA

Tribunal da CEDEAO

Supplementary protocol

Tratado

Rules of the Court of Justice of the Economic Community of West African States.

Article 951. An application for interpretation of a judgment under Article 23 of the Protocol shall be made in accordance with Articles 32 and 33 of these Rules. In addition it shall specify: (a) The judgment in question; (b) The passages of which interpretation is sought.2. The application must be made against all the parties to the case in which the judgment was given. 3. The Court shall give its decision in the form of a judgment after having given the parties an opportunity to submit their observations and after hearing the parties. . 4. The original of the interpreting judgment shall be annexed to the original of the judgment interpreted. 5. A note of the interpreting judgment shall be made in the margin of the original of the judgment interpreted.

Tratado

ECW CCJ JUD 18 16

Tribunal da CEDEAO

ECW CCJ JUD 20 18

Tribunal da CEDEAO

ECOWAS Revised treaty

g)refer where it deems necessary anymatterto theCommunityCourtofJusticewhenitconfirms,thataMemberStateorinstitutionoftheCommunityhas failedtoiionouranyofitsObligationsor aninstitutionoftheCommunityhasactedbeyondthelimitsofitsauthorityor hasabusedthepowersconferredon it by theprovisionsof thisTreaty,by adecisionoftheAuthorityor aregulationoftheCouncil;

Tratado

ECOWAS Revised treaty

Tratado

JUD ECW CCJ JUD 13 19 KARIM MEISSA WADE v SENEGAL

Tribunal da CEDEAO

ECOWAS Revised treaty

4.Judgements of the Court of Justice shall be binding on theMemberStates, theInstitutions of the Community and on individuals and corporate bodies

Tratado

Rules of the Court of Justice of the Economic Community of West African States.

Article 871. A party applying to the Court for a decision on a preliminary objection or other preliminary plea not going to the substance of the case shall make the application by a separate document.

Tratado

Rules of the Court of Justice of the Economic Community of West African States.

Tratado

Rules of the Court of Justice of the Economic Community of West African States.

Tratado

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