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Citation
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Judgment date
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| December 2019 |
|
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The court held the respondent liable for unlawful killing by state agents and awarded compensation to the deceased’s family for rights violations.
Human rights – right to life – state responsibility for unlawful killing by agents – failure to investigate and prosecute – compensation for indirect victims – ECOWAS Court jurisdiction – standing of victims’ family members – effective remedy required.
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19 December 2019 |
|
State policy barring pregnant school girls from mainstream education held discriminatory and in violation of international human rights law.
Human rights – right to education – discrimination – pregnant adolescent school girls – exclusion from mainstream education – state liability for official acts – public interest litigation – ECOWAS jurisdiction – remedies for violation of educational rights – equality and non-discrimination under international law.
|
12 December 2019 |
| October 2019 |
|
|
ECOWAS Court dismissed a repeat application for human rights violations as inadmissible due to res judicata, with no costs granted.
Human rights – ECOWAS Court jurisdiction – res judicata – inadmissibility of claims previously adjudicated – irreviewability of domestic court decisions – costs – abuse of process.
|
30 October 2019 |
|
A soldier's conviction by court martial without mandatory confirmation violated his rights to liberty, fair trial, and work under the Charter.
Human rights – Military law – ECOWAS Court – Court martial – Armed Forces Act– Requirement for confirmation of conviction and sentence – Right to liberty – Pretrial detention – Right to fair trial within reasonable time – Right to work – Compensation – Non-discrimination – Torture and inhuman treatment – Default judgment.
|
11 October 2019 |
| September 2019 |
|
|
The ECOWAS Court dismissed an application alleging breach of parliamentary immunity due to failure to specify any human rights violation.
ECOWAS Court – Jurisdiction – Human rights – Parliamentary immunity – Requirement for alleging and proving specific human rights violation – Competence over review of domestic decisions – Admissibility of application.
|
26 September 2019 |
| June 2019 |
|
|
Denial of pension benefits to a former transitional official who resigned violates the right to property but not rights to life or equality.
Human Rights – pension rights – right to property – legitimate expectation – interpretation of retirement/resignation under statutory benefit schemes – ECOWAS jurisdiction – non-discrimination – administrative law – burden of proof in quantifying pension entitlements – state obligation to pay retirement benefits.
|
28 June 2019 |
|
Senegal violated the applicant’s right to free movement, but no compensation was awarded due to insufficient proof of causation for the losses.
ECOWAS Law – Human rights – Free movement of persons, goods and services – Closure of border – Liability of member state for breach – Compensation for business losses – Causation and evidentiary burden.
|
28 June 2019 |
| May 2019 |
|
|
ECOWAS Court held insufficient proof of pension and property claims; five-year pension buyout not unconstitutional or rights-violating.
ECOWAS Court – Human rights – Right to property – Entitlement to pension and retirement benefits – Jurisdiction of the ECOWAS Court – Burden of proof in human rights claims – Enforcement of pension rights – Sale and liquidation of state assets – Procedural requirements for employment-related claims under African Charter Article 14.
|
15 May 2019 |
|
The ECOWAS Court held that the mass dismissal of soldiers without due process violated their rights to work and fair hearing.
Human rights – right to work – right to fair hearing – dismissal from military service – ECOWAS Court jurisdiction – exhaustion of local remedies – unlawful dismissal – damages – due process – enforcement of international treaties by member states.
|
15 May 2019 |
| April 2019 |
|
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The court upheld the lawfulness of disciplinary proceedings against judges accused of corruption, finding no violation of their human rights.
Human rights – fair hearing – privacy – right to work – equality before the law – suspension of judges – secret recordings – whistleblower law – ECOWAS Court jurisdiction – res judicata – administrative justice – discrimination – privacy exceptions – public interest in crime prevention
|
29 April 2019 |
| March 2019 |
|
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The ECOWAS Court lacks jurisdiction to enforce its own judgments or compel ECOWAS organs to sanction non-compliant member states at an individual's request.
ECOWAS law — enforcement of regional Court judgments — jurisdiction of ECOWAS Court to supervise or enforce its own judgments — locus standi of individuals to seek imposition of sanctions under Article 77 of ECOWAS Revised Treaty — proper parties — limits on access for non-human rights matters.
|
12 March 2019 |
|
A claimed exclusion from electoral participation due to a criminal conviction did not constitute a human rights violation under ECOWAS law.
Human rights – electoral law – right to political participation – exclusion from electoral roll – restrictions based on criminal conviction – admissibility and jurisdiction of ECOWAS Court – right to effective remedy – interpretation of national law in light of international human rights instruments.
|
4 March 2019 |
| February 2019 |
|
|
Regulation of customs officers' eligibility and assembly rights upheld, with no violation of fair trial or denial of justice proven.
Human rights – public service – eligibility for public office – freedom of assembly and opinion – fair trial – denial of justice – competence of ECOWAS Court – disciplinary action against customs officer – review of national statutes for compatibility with international obligations.
|
27 February 2019 |
|
Failure to follow constitutional process and guarantee judicial impartiality in the removal and trial of a judge breaches fair trial rights.
Human rights – fair trial – judicial independence – due process for removal of judges – reasonable apprehension of bias – judicial recusal – right to access counsel – compensation for wrongful trial and imprisonment.
|
27 February 2019 |
|
ECOWAS Court affirmed state responsibility for mass killings in Benue, ordering investigation and protection, but denied personal claims.
Human Rights – Jurisdiction of ECOWAS Court – standing (locus standi) – actio popularis – Government’s duty to protect citizens – Mass killings and communal violence – State responsibility for failure to investigate and redress human rights abuses – Compensation and public interest litigation.
|
26 February 2019 |
|
Refusal to appoint applicants to public academic positions did not breach human rights as statutory requirements were not met.
Human rights – public service recruitment – employment status – admissibility of human rights complaints – reasonable duration of proceedings – exhaustion of local remedies not required – compliance with statutory requirements for public employment – no violation where national law observed.
|
6 February 2019 |
|
A corporate applicant’s claim for the release of frozen funds was dismissed as the right to property was not violated.
Property rights – Human rights enforcement – ECOWAS Court jurisdiction – Corporate personhood and locus standi – Freezing of funds pending investigation – Public interest exceptions to property rights – Procedural failures in investigations
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6 February 2019 |
| January 2019 |
|
|
A corporate entity lacks standing to bring a human rights claim before the ECOWAS Court under Article 10(d) of the Supplementary Protocol.
ECOWAS Court – Access to court – Standing – Corporate entities – Human rights litigation – Article 10 Supplementary Protocol – Jurisdiction – Inadmissibility for lack of capacity
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24 January 2019 |
|
The court dismissed the applicant's human rights claims for lack of adequate proof, finding no violations established.
Human rights – ECOWAS Court – admissibility of application – standard of proof – right to fair hearing – right to work – right to health – right to education – default judgment – failure to prove alleged violations – application dismissed.
|
23 January 2019 |
