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Citation
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Judgment date
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| October 2021 |
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No violation found where applicant failed to prove denial of fair hearing or effective judicial remedy due to judicial delay.
Human rights – fair hearing – right to trial within reasonable time – effective judicial remedy – burden of proof – admissibility – jurisdiction – judicial delay – appellate procedures – ECOWAS Court not an appellate forum for national courts' decisions unless proven human rights violations.
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27 October 2021 |
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Imposition of high nomination fees by political parties is not a state violation of the right to political participation under Article 13.
Human rights – political participation – nomination fees for elective office – domestic electoral law – ECOWAS Court jurisdiction – margin of appreciation – no violation of Article 13 African Charter on Human and Peoples’ Rights by State where fees are set by political parties under national law.
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27 October 2021 |
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ECOWAS Parliament breached its employment obligations by withholding salaries and allowances due to internal procedural errors.
Community institution employment law – jurisdiction of ECOWAS Court over employment disputes – breach of employment contract by institution – obligation to pay staff salaries and allowances – effect of internal procedural irregularities – principle against benefiting from one’s own wrong – requirement to regularise advances – calculation and entitlement to various allowances under ECOWAS Staff Regulations – interest on late payments – costs.
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27 October 2021 |
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A revision application was dismissed as inadmissible for lacking new or decisive facts, reaffirming the finality of the Court’s earlier judgment.
ECOWAS Court – application for revision – admissibility – requirement of new and decisive facts – mere disagreement with prior judgment not sufficient – finality and binding nature of judgments – costs.
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27 October 2021 |
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Revision of ECOWAS Court judgments requires new, decisive facts; mere disagreement with conclusions is not reviewable.
International human rights law – ECOWAS Court – application for revision of judgment – admissibility – requirement for new and decisive facts – no appeal from ECOWAS Court final judgment – costs.
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26 October 2021 |
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Applicants' claims of human rights violations were dismissed for lack of legal standing as direct or representative victims.
ECOWAS Court – Human rights – Right to life and property – Locus standi – Requirement to prove victim status or authorization in representative actions – Insufficient evidence – Dismissal of claims for lack of legal capacity.
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21 October 2021 |
| September 2021 |
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A supplementary application for reinstatement and benefits after wrongful termination was dismissed as all claims had been addressed in the prior judgment.
Employment law – wrongful termination – interpretation and supplementation of court judgment – jurisdiction to grant reinstatement and arrear benefits – admissibility and limitations under Articles 63 and 64 of ECOWAS Court Rules.
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29 September 2021 |
| July 2021 |
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The court found Togo liable for torture, denial of fair hearing, and unlawful termination of a soldier’s employment, awarding compensation.
Human rights – torture – cruel, inhuman or degrading treatment – arbitrary dismissal – right to fair hearing – right to work – admissibility – state responsibility for acts of agents – inquiry and reparations
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9 July 2021 |
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The Court found Togo liable for torture, arbitrary detention, and violation of freedom of assembly following police assault on a protester.
Human rights – Torture and inhuman treatment – Freedom of assembly – Arbitrary detention – State obligations – Burden of proof – Effective remedy – Compensation.
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9 July 2021 |
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A non-permanent staff member's claims for wrongful dismissal and benefits failed as his contract lawfully expired and regulations excluded such entitlements.
Labour law – ECOWAS Community staff regulations – employment categories – distinction between permanent and non-permanent staff – contract renewal and conversion – discrimination – wrongful dismissal – exhaustion of internal remedies – claims for contractual benefits by non-permanent employees.
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7 July 2021 |
| June 2021 |
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The Court dismissed Liberia’s application for review for lack of new decisive facts and ordered compliance with its original judgment.
ECOWAS Court of Justice – Application for review of judgment – Article 25 of the Protocol – Requirement of new and decisive fact – Finality of judgments – No appeal – Preliminary objection – Recusal of judge – Procedural requirements under ECOWAS legal framework.
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4 June 2021 |
| April 2021 |
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Court finds Respondent liable for rape, arbitrary detention, unlawful dismissal and health violations against an airwoman, awarding compensation and orders.
Human rights – rape as torture and violation of human dignity – state responsibility for acts of agents – arbitrary detention – right to fair process in dismissal from public service – right to health – reparations – sexual violence by state agents – military law and due process.
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30 April 2021 |
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A member state violated an applicant’s right to liberty and presumption of innocence by detaining him beyond the lawful pretrial period, contrary to international human rights standards.
Human Rights – Right to liberty and security of person – Pretrial detention – Arbitrariness – Compatibility of domestic law with international human rights obligations – Presumption of innocence – Judicial orders of release – State compliance
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29 April 2021 |
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The court dismissed an NGO’s claim for systemic rights violations due to lack of standing and improper victim identification.
Human rights – locus standi – actio popularis – admissibility – representative capacity – proper identification of victims – res judicata – ECOWAS Court jurisdiction.
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26 April 2021 |
| March 2021 |
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Detention and pending extradition of the applicant in Cabo Verde found unlawful for violating the right to liberty; immediate release ordered.
Human rights – arbitrary arrest and detention – diplomatic immunity – compliance with international and national law in extradition proceedings – right to liberty – ECOWAS Court jurisdiction – standing to seek sanctions for noncompliance with Community obligations.
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15 March 2021 |
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Arrest and detention without warrant or valid Interpol red alert violated the applicant’s right to liberty under the African Charter.
International human rights law – arbitrary detention – extradition – diplomatic immunity – fair trial – remedies – international law – African Charter on Human and Peoples’ Rights – right to liberty – locus standi for sanctions – retroactivity of diplomatic immunity – compensation for unlawful detention – procedural safeguards for arrest.
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15 March 2021 |
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The ECOWAS Court lacks jurisdiction over human rights claims solely between private individuals or purely domestic disputes.
Jurisdiction – ECOWAS Court – human rights – proper parties – cause of action against Community institutions – international character required – domestic disputes between individuals – Court's competence limited to Member States and Community official acts.
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10 March 2021 |
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The respondent violated the applicants’ right to property by unlawfully expropriating land without compensation or due legal process.
Human rights – Right to property – Compulsory acquisition of land – Requirements of lawfulness and compensation – African Charter on Human and Peoples’ Rights, Article 14 – Expropriation without notice or compensation – State obligations and remedies.
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9 March 2021 |
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Applicants claiming discrimination in post-election violence compensation failed as they could not prove verified victim status under panel process.
Human rights – ECOWAS Court jurisdiction – standing and anonymity – res judicata – state responsibility for failure to prevent post-election violence – obligations of investigation and compensation – evidentiary burden for compensatory claims – discrimination and selective compensation of victims.
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9 March 2021 |
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The applicant’s rights to liberty, fair hearing, movement, and dignity were violated by arbitrary detention and passport seizure in Nigeria.
Human rights – ECOWAS Court jurisdiction – arbitrary arrest and detention – fair hearing – freedom of movement – dignity of the person – torture threshold – reparations for violations
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4 March 2021 |
| February 2021 |
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Third party applicants were denied joinder to post-civil war landmine victim compensation for lack of proof and locus standi.
Human Rights – Victim compensation – locus standi – post-civil war landmine victims – admissibility of third party applications – burden of proof – ECOWAS Community Court Rules – definition of 'victim' in mine action.
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25 February 2021 |
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A state was found liable to repay a commercial loan and interest under a valid loan agreement with an ECOWAS bank.
Banking law – Enforcement of loan agreements – Failure to repay commercial loan – Contractual interest and penalties – Court’s jurisdiction under ECOWAS agreements – Proof of guarantee obligations – Special damages (solicitor’s fees) – Premature suit objection.
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5 February 2021 |
