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Citation
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Judgment date
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| July 2020 |
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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.
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14 July 2020 |
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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
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10 July 2020 |
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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.
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10 July 2020 |
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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 |
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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 |
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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 |
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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 |
