ECOWAS Community Court of Justice - 2021 October

6 judgments
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6 judgments
Citation
Judgment date
October 2021
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.
27 October 2021
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.
27 October 2021
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.
27 October 2021
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.
27 October 2021
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.
26 October 2021
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.
21 October 2021