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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 |
|
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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Re‑arrest and prolonged detention after lawful bail, and uncertified searches and seizures, amounted to arbitrary detention and unlawful violation of human rights.
Human rights — arbitrary arrest and detention — administrative re‑arrest after grant of bail — unlawful search and seizure — state responsibility for agents’ acts — ICCPR Art 9; African Charter Arts 5,6,12; UDHR
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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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An NGO may bring representative human‑rights claims; State liable where self‑defence unproven and no effective investigation, compensation awarded.
Human rights – Right to life – Use of lethal force by State agents; self-defence and necessity – burden of proof; procedural duty to investigate deaths; locus standi – NGO representative actions and public interest litigation; ECOWAS Court jurisdiction – State as proper defendant; reparation and compensation
|
7 June 2016 |
| May 2016 |
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Applicants' claims for human-rights violations from a state-owned airline's liquidation were dismissed for lack of evidence; airline exonerated; applicants ordered to pay costs.
Human rights – socio-economic rights and liquidation of state-owned enterprise – ECOWAS Court limited to international instruments – inadmissibility of domestic law claims – State responsibility only (corporate entity exonerated) – insufficiency of evidence and effect of renunciation receipts
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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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Restriction on choice of foreign counsel violated the applicant’s rights; insufficient evidence to adjudicate alleged telephone tapping.
Human rights – Right to free choice of counsel – Supremacy of international obligations over domestic law – Jurisdiction of ECOWAS Court despite lis pendence; Privacy/tapped telephone conversations – requirement of concrete evidence to establish unlawful interception and prejudice
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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 |
