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Citation
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Judgment date
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| November 2020 |
|
|
Impeachment and removal without prescribed procedure or due process violates the right to fair hearing and to work.
Human rights – Fair hearing – Impeachment procedures – Due process – Lack of legislatively prescribed procedure – Right to work – Judicial office – ECOWAS Court jurisdiction – Domestic remedies – State obligations under African Charter and Universal Declaration of Human Rights.
|
10 November 2020 |
| October 2020 |
|
|
The ECOWAS Court dismissed a challenge to a Nigerian governorship election for lack of jurisdiction over electoral matters absent human rights violations.
ECOWAS Court – Jurisdiction – Human rights – Electoral matters – Right to participate in government – Whether electoral irregularities or alleged disenfranchisement by vote transfer give rise to justiciable human rights claims under international instruments – Admissibility – Cause of action – Distinction between electoral disputes and human rights violations.
|
12 October 2020 |
| September 2020 |
|
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State's auction of applicant's property without adequate notice or legal justification violated rights to property and fair hearing.
Human rights – Right to property – Unlawful deprivation of property by State – Right to fair hearing – Adequacy of procedural notice – Jurisdiction of ECOWAS Court to review alleged human rights violations arising from national proceedings – Proof of proprietary interest despite name discrepancy – Admissibility of application under ECOWAS Court Rules.
|
20 September 2020 |
| July 2020 |
|
|
ECOWAS Court found violation of fair hearing by an improperly constituted disciplinary committee but dismissed claims of torture.
Human rights – fair hearing – ECOWAS Community Court jurisdiction – disciplinary proceedings against judicial officers – proper constitution of disciplinary committee – right to be tried by competent panel – mental torture – award of nominal damages for procedural violation.
|
14 July 2020 |
|
Section 24 of Nigeria's Cybercrime Act found to violate freedom of expression protections under international human rights law.
Human rights – Freedom of expression – Compatibility of cybercrime legislation with international standards – Vagueness and overbreadth of penal laws – Proportionality – Necessary restrictions in a democratic society – International obligations of State Parties – Admissibility and locus standi in public interest litigation
|
10 July 2020 |
|
Applicants failed to prove violations of their right to fair hearing and due process in compulsory military retirement proceedings.
Fundamental rights – right to fair hearing – compulsory retirement of military officers – disciplinary proceedings – burden of proof – right to appeal – insufficient evidence – African Charter on Human and Peoples’ Rights – due process.
|
10 July 2020 |
|
A state’s transfer of a company’s assets to a third party without due process or compensation violates the right to property.
Human rights – Property rights – Unlawful deprivation of property – State facilitation of private transfer – International human rights instruments – Restitution and compensation – Access to justice – Equal protection of the law – ECOWAS Court jurisdiction.
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9 July 2020 |
|
The ECOWAS Court dismissed claims against Côte d'Ivoire for alleged employment and social rights violations, finding no State liability.
Human rights – ECOWAS Court jurisdiction – Admissibility – Claims against Member States versus private entities – Burden of proof in human rights proceedings – State responsibility following privatization – Dismissal for want of proof of violation of rights to work, social protection, and security.
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9 July 2020 |
|
Requiring spousal consent to recognize paternity of a child born outside marriage violates the child's rights to equality and non-discrimination.
Human rights – children’s rights – right to equality before the law and non-discrimination – best interests of the child – succession and filiation – discrimination based on birth outside marriage – international human rights instruments – state liability – compensation – legislative reform ordered.
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8 July 2020 |
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Applicants failed to establish legally recognized property rights; all related human rights and compensation claims were dismissed.
Human rights – right to property – claims of customary land rights – burden of proof – expropriation – compensation – African Charter on Human and Peoples’ Rights (ACHPR) – admissibility – absence of legally recognized title – rejection of derivative claims
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8 July 2020 |
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A state's expropriation of a corporation's property without due process and compensation violates the right to property under the African Charter.
Right to property – expropriation – legal persons as victims – locus standi – compensation – due process – African Charter on Human and Peoples’ Rights and UDHR – arbitrary state action – award of special damages – fair hearing – admissibility of corporate claims – procedural fairness in property deprivation.
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1 July 2020 |
|
The ECOWAS Court upheld Nigeria’s exclusion of independent candidates from elections as consistent with international human rights standards.
International human rights – right to political participation – margin of appreciation – requirement of political party affiliation for candidates – independent candidacy – ECOWAS Court jurisdiction – statute of limitations – national law and international obligations.
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1 July 2020 |
| June 2020 |
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A government-imposed internet shutdown during protests was held to unlawfully violate the right to freedom of expression.
Human rights – freedom of expression – internet access as derivative right – state obligations – justification for restrictions – jurisdiction and locus standi of individuals and NGOs – unlawful internet shutdown during protests.
|
25 June 2020 |
|
ECOWAS Court held that damages, not reinstatement, are appropriate for unlawful military dismissal, but granted arrears of salary.
Human rights – Right to fair hearing – Unlawful dismissal from military service – Supplementary application to correct judicial omission – Powers of ECOWAS Court under Articles 63 and 64 of its Rules – Damages versus reinstatement – Entitlement to arrears of salary on unlawful termination.
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25 June 2020 |
| March 2020 |
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The Nigerian state was held liable for failing to protect and compensate victims of mass violence despite not being direct perpetrators.
Human Rights – Right to life – State duty to protect against violence by non-state actors – Failure to provide prompt security response and prosecution – Adequate compensation for loss of life and property – Locus standi in public interest litigation – ECOWAS Community Court procedure and African Charter interpretation.
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20 March 2020 |
|
Applicants failed to prove their status as verified victims of post-election violence, so no rights violations were found.
Human rights – post-election violence – right to protection – obligation to prevent and investigate violations – evidentiary standard for recognition as victim – compensation for verified victims – admissibility requirements for representative actions – ECOWAS jurisdiction.
|
9 March 2020 |
| February 2020 |
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A Community institution’s dismissal of an employee without affording fair hearing was declared unlawful, awarding damages for wrongful termination.
Employment law – ECOWAS institutions – unfair dismissal – right to fair hearing – due process in disciplinary proceedings – recruitment process – burden of proof – damages for wrongful termination.
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3 February 2020 |
| January 2020 |
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The court found unlawful detention and torture of protestors by The Gambia, awarding damages, but upheld licensing for public assemblies.
Human rights – right to liberty and freedom from arbitrary detention – torture and inhuman or degrading treatment – fair trial rights – right to peaceful assembly – permissible statutory restrictions – jurisdiction of regional human rights court – locus standi in representative actions – limitations on review of national court judgments.
|
20 January 2020 |
