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Citation
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Judgment date
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| December 2016 |
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The ECOWAS Court lacks jurisdiction to enforce its own judgments; enforcement must proceed through national courts.
Community Court of Justice – ECOWAS – Enforcement of judgments – Competence – Whether ECOWAS Court can execute or oversee execution of its own judgments – Article 24 of Additional Protocol – Enforcement to be pursued before national courts.
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6 December 2016 |
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The ECOWAS Court reaffirmed it is not an appellate forum for reviewing national court decisions and dismissed allegations of fair trial violations.
Human rights – right to fair trial – right to political participation – jurisdiction of ECOWAS Court – not an appellate forum for national judgments – standard of proof for human rights violations.
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6 December 2016 |
| November 2016 |
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The ECOWAS Court held that Nigeria’s mandatory death penalty did not violate international human rights obligations absent specific evidence of rights violations.
Human rights – death penalty – right to life – international obligations – ECOWAS Court jurisdiction – mandatory death sentence – fair trial – separation of powers – collective suits.
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9 November 2016 |
| October 2016 |
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The court found the applicant's arrest and detention unlawful and awarded damages but dismissed claims of inhuman treatment.
Human rights – unlawful arrest and detention – inhuman and degrading treatment – right to property – standard of proof – compensation for breach of fundamental rights.
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12 October 2016 |
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The court found the Defendants liable for breach of contract, ordering payment of the unpaid sum with interest and costs.
Contract – breach of contract – non-payment for goods and services rendered – default judgment – uncontroverted evidence – liability for balance of contract price – contractual interest – claim for general damages refused.
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6 October 2016 |
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Executive detention after bail and unlawful search without warrant held to violate rights to liberty and property under international law.
Human rights – arbitrary arrest and detention – due process – rule of law – violation of court orders – unlawful search and seizure – right to liberty and property – separation of powers – compliance with international human rights obligations.
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4 October 2016 |
| July 2016 |
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Refusal to admit foreign counsel in military proceedings violated the applicant's right to freely choose legal representation.
Human rights – fair trial – right to freely choose legal counsel – military court proceedings – restriction of foreign lawyers – privacy and telephone surveillance – jurisdiction of regional human rights court – exhaustion of domestic remedies – compensation for procedural rights violation.
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1 July 2016 |
| June 2016 |
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Security forces’ arbitrary use of lethal force and failure to effectively investigate violated right to life, warranting compensation for victims.
Human rights law – right to life – extra-judicial killings by state agents – locus standi of NGOs and public interest litigation – appropriate party in regional human rights litigation – use of force by law enforcement – procedural duty to investigate killings – compensation for violations of human rights under the African Charter on Human and Peoples’ Rights and international standards.
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7 June 2016 |
| May 2016 |
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ECOWAS Court dismissed claims of human rights violations in airline liquidation, finding no evidence of breach under international law.
Human rights – ECOWAS Court jurisdiction – state responsibility for alleged violations of socio-economic rights following liquidation of state-owned company – adequacy of compensation for severance and terminal benefits – distinction between labor disputes and human rights violations – evidence required for finding of human rights breach – state as sole respondent in human rights cases.
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19 May 2016 |
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The ECOWAS Court cannot supervise or enforce its own judgments once a final decision on the merits has been rendered.
Regional Court – ECOWAS Court – Jurisdiction – Competence to supervise enforcement of judgments – Exhaustion of jurisdiction after final decision – Human rights – Right to liberty and effective remedy – Non-execution of regional court judgments.
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17 May 2016 |
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The Court held Mali liable for failing to protect citizens and ensure a fair trial, awarding damages for rights violations.
Human rights – State obligation to protect – Right to life and physical integrity – Failure to ensure security during political crisis – Judicial dysfunction – Right to effective remedy – Fair trial – ECOWAS Court jurisdiction over human rights violations by member states – Damages and compensation.
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17 May 2016 |
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The ECOWAS Court lacks jurisdiction over contractual disputes not amounting to human rights violations.
ECOWAS Court jurisdiction – limitation to human rights violations – contractual/banking disputes – inapplicability where no express human rights violation is claimed – distinction between economic loss and rights violation.
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17 May 2016 |
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The ECOWAS Court of Justice lacks jurisdiction over purely contractual disputes not involving specific human rights violations.
Jurisdiction – Human rights – ECOWAS Court of Justice – Contractual disputes – Economic loss – Absence of specific human rights violation – Competence of the Court – Article 10 of 2005 Protocol.
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17 May 2016 |
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Excluding women from land inheritance due to custom constitutes sex-based discrimination under international human rights law, warranting redress.
Human rights – discrimination based on sex – exclusion of women from inheritance – review of national judicial decisions by regional human rights court – right to equality before the law – right to property.
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17 May 2016 |
| April 2016 |
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The court found the State responsible for arbitrary detention and torture, ordering substantial compensation for human rights violations.
Human rights – arbitrary arrest and detention – torture and cruel, inhuman or degrading treatment – State responsibility for acts of agents – right to compensation – ECOWAS Court jurisdiction – procedural admissibility.
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20 April 2016 |
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The court found Togo liable for failing to regularize a teacher’s position, violating her right to equal treatment in public service.
Human rights – civil service – equality of treatment – non-regularization after probation – public administration liability – discrimination – damages – ECOWAS Court jurisdiction – Togo.
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20 April 2016 |
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A state’s failure to secure the release or provide diplomatic protection to its consular officer abroad does not violate recognized human rights.
Diplomatic immunity – Vienna Convention on Diplomatic Relations – consular versus diplomatic status – right to diplomatic protection – limitations of consular immunity – human rights jurisdiction of ECOWAS Court – whether failure to provide consular protection amounts to human rights violation – distinction between state prerogative and individual right.
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18 April 2016 |
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ECOWAS Court found Burkina Faso violated the applicant’s right to freely choose his legal counsel but declined to award damages.
Human rights – right to free choice of counsel – fair trial – jurisdiction of ECOWAS Court – parallel domestic proceedings – international law supremacy – privacy and fair trial standards – inadmissibility in absence of evidence of concrete harm – legal representation before military tribunals – compensation for rights violations.
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1 April 2016 |
| February 2016 |
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The parties’ amicable settlement resulted in the case being struck off the roll, with each bearing its own costs.
Human rights – amicable settlement – property rights – arbitrary detention – honour and dignity – amicable agreement resulting in withdrawal of claims – costs – Article 72 ECOWAS Court Rules – striking off the roll
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16 February 2016 |
