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Citation
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Judgment date
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| December 2018 |
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A claim for compensation for land expropriation over ninety years ago was dismissed as statute barred by the ECOWAS Court.
Human rights – right to property – limitation of actions – continuing violation exception – jurisdiction – ECOWAS Court – land expropriation – statute barred actions.
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11 December 2018 |
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ECOWAS Court affirms jurisdiction and finds state-imposed prior restraints on live political broadcasting violate freedom of expression.
Human rights – Freedom of expression – Prior restraint and censorship of live political broadcasts – Jurisdiction of ECOWAS Court – Permissible restrictions under international human rights law – Remedies for violation of free speech.
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11 December 2018 |
| July 2018 |
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The ECOWAS Court lacks jurisdiction to enforce national court judgments or act as an appellate body absent a genuine human rights violation.
Human rights – Right to fair hearing – Right to property – Jurisdiction of ECOWAS Court – Inadmissibility – National court judgment set aside – No jurisdiction to sit in appeal or enforce national court judgments – Legal standing of corporate applicant – Statute of limitations in continuous violation claims.
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4 July 2018 |
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A claim of human rights violations arising from an internal boundary dispute was found inadmissible as outside the court's jurisdiction.
Human rights – Jurisdiction – ECOWAS Community Court – Boundary disputes – Collective rights to existence and self-determination – Standing to sue in representative capacity – Admissibility of claims framed as human rights violations arising from internal boundary disputes.
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4 July 2018 |
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The Court held that the arbitrary demolition of property without due process violated the Applicants’ rights to property, dignity, and fair hearing.
Human rights – Right to property – Forced eviction and demolition without due process – Right to fair hearing and presumption of innocence – State liability for acts of agents – Duty to conduct effective investigation – ECOWAS Court jurisdiction – Inconsistency of domestic punitive laws with international human rights instruments.
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3 July 2018 |
| June 2018 |
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The court held the State liable for the unlawful killing of an individual by police, awarding compensation for violation of the right to life.
Human rights – right to life – state responsibility for acts of police officers – unlawful and arbitrary killing – duty to investigate use of lethal force – compensation for violation – right to education – standard of proof for violation of right to education.
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29 June 2018 |
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Conviction by a military tribunal without right of judicial appeal violated fair trial guarantees under the African Charter.
Human rights – fair trial – right of appeal – military tribunals – denial of effective judicial remedy – African Charter Article 7 – detention following conviction by special tribunal composed of non-judicial officers – no requirement for exhaustion of local remedies before ECOWAS Court – insufficient evidence for claims of inhuman treatment or denial of legal/family access.
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29 June 2018 |
| February 2018 |
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A landlord successfully recovered rent arrears from a tenant, but damages, interest, and legal fees were denied due to justified delay.
Landlord and tenant – Rent arrears – Withholding of rent due to third-party ownership dispute – Justification for non-payment – Dismissal of claims for damages, interest, and legal fees where delay not attributable to defendants' fault.
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14 February 2018 |
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The court held that The Gambia’s criminal laws on sedition, defamation and false news violated journalists’ rights to freedom of expression and liberty.
Human rights – Freedom of expression – Criminal defamation, sedition, false news laws – Arbitrary detention – Torture – International obligations – Enforceability of human rights standards by regional courts – State obligation to amend/repeal incompatible national laws – Damages for violations.
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13 February 2018 |
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Unlawful, prolonged seizure of a lawyer’s professional certificates by state agents violated rights to property, privacy, and fair hearing.
Human rights – right to property – right to privacy – right to fair hearing – seizure of professional certificates – due process – continuous violation – ECOWAS Court jurisdiction – statute of limitation – exhaustion of local remedies not required.
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13 February 2018 |
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A request for review of a judgment was dismissed as the applicants failed to present new, decisive facts not previously known.
Civil procedure – Review of judgment – Requirements for revision – New and decisive facts – Applicant's negligence – Contractual misrepresentation – Application dismissed.
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7 February 2018 |
