ECOWAS Community Court of Justice - 2023

6 judgments
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6 judgments
Citation
Judgment date
December 2023
Whether the applicant's fair-trial rights were violated by a national conviction in absentia and whether he is the convicted person.
Human rights – Jurisdiction of ECOWAS Court – Victim status and standing – Proof of identity in claims challenging convictions in absentia – Right to be informed of charges and to a fair trial – Compelling witness testimony – Costs.
11 December 2023
Court had jurisdiction but dismissed the application as inadmissible for lack of applicant’s capacity and unclear, convoluted reliefs.
Human rights — Freedom of expression and assembly — Jurisdiction of ECOWAS Court — Admissibility and locus standi — Representative actions/actio popularis by individuals — Conditions for public-interest claims — Victim identification for reparations — Costs.
7 December 2023
November 2023
ECOWAS Court held Nigeria's age, accreditation and training requirements in Press Act violate Article 9, ordered legislative amendment.
Freedom of expression — compulsory accreditation, age and education requirements in Press Council Act — online and citizen journalism — Article 9 African Charter — legitimacy and necessity tests for restrictions on expression — jurisdiction of ECOWAS Court to examine specific domestic law provisions — arrest/detention standards under Article 6.
24 November 2023
A political party may sue for corporate property and fair-hearing rights, but failed to prove violations here.
Jurisdiction of ECOWAS Court — corporate applicants — political party capacity to sue for rights intrinsic to corporate existence (property, fair hearing) — limited review of national court decisions for procedural human-rights safeguards — property rights and effect of memorandum of understanding (MoU).
24 November 2023
ECOWAS Court found no human-rights violations, admitted expedited procedure, dismissed damages, and ordered costs against the applicant.
Human rights — Jurisdiction of ECOWAS Court; admissibility and standing of political party representative despite contested dissolution; expedited procedure for election-related urgency; non-interference with national criminal and administrative decisions; fair trial and arbitrary detention claims assessed and dismissed; property and health allegations unproven; damages dismissed; costs awarded against applicant.
17 November 2023
October 2023
Whether an unjustified internet shutdown and social-media blocking violated NGOs' rights to information and freedom of expression.
Human rights — Freedom of expression and right to information — Internet shutdowns and social media blocking — Default judgment for non-appearance — Standing of NGOs/legal persons to sue — Damages rejected for lack of quantification — State obligation to enact safeguards.
31 October 2023