ECOWAS Community Court of Justice - 2025

44 judgments
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44 judgments
Citation
Judgment date
December 2025
Provisional measures denied; Court has jurisdiction under Articles 9(1)(f) and (g); admissible except African Charter claims.
Administrative law — Provisional measures: prima facie case, urgency, irreparable harm; Expedited procedure — exceptional and requires irreparable prejudice; Jurisdiction — Article 9(1)(f) and (g) applicable to disputes between Community and officials and actions for damages; Admissibility — exhaustion of internal remedies inapplicable where remedies unavailable to statutory Commissioners; African Charter claims inadmissible against ECOWAS institutions.
10 December 2025
November 2025
Requirement that military personnel resign before ECOWAS permanent conversion lawful; applicant's salary suspension for assuming ministerial office justified.
Public international/Employment law – ECOWAS public service – jurisdiction under Article 9(1)(f) – admissibility and exhaustion of internal remedies when procedures non-operational – conversion of contract staff to permanent status – military status and exclusive loyalty – non-binding nature of Council recommendations – salary suspension for constructive abandonment and breach of exclusivity.
19 November 2025
Whether a revision is admissible absent newly discovered decisive facts unknown at the time of the judgment.
Revision of judgment – Article 25 Protocol and Articles 92–93 Rules – admissibility requires discovery of new decisive facts unknown to Court and party – three‑month rule – not an appellate route to challenge evidential assessment or merits (MOU dispute) – jurisdiction affirmed but application inadmissible.
19 November 2025
The respondent's failure to reconstitute its NHRC governing council violated the applicant's right to a timely fair hearing.
Human rights — Right to a fair hearing within a reasonable time (Article 7(1)(d), African Charter) — Applicability to quasi-judicial bodies (NHRC) — State responsibility for institutional inaction — Jurisdiction and admissibility of human-rights applications — Reparations: general damages and orders to ensure determination.
17 November 2025
Applicants' human‑rights claims dismissed: alleged violations predate ECOWAS Court's temporal jurisdiction.
Human rights jurisdiction — temporal jurisdiction — non‑retroactivity of treaties — continuing violations doctrine — Articles on State Responsibility (Article 14) — ECOWAS Court mandate from 19 January 2005.
10 November 2025
Whether prolonged detention under a mandatory death sentence and lack of medical care violate rights to freedom from torture and health.
Human rights — Death penalty — Mandatory death sentence and method (hanging) — prolonged detention on death row as torture/cruel, inhuman or degrading treatment — Right to health of prisoners — ECOWAS Court jurisdiction and reparations (commutation/release, medical care, compensation).
10 November 2025
July 2025
Revision application dismissed as inadmissible: alleged "new facts" were pre‑existing legal issues; costs awarded to respondent.
Revision of judgment; Article 27 Protocol – requirements for revision (new, decisive, unknown fact, not due to negligence); admissibility under Article 94 Rules; jurisdiction to hear revision applications; res judicata and preclusion of issues previously decided.
8 July 2025
State breached obligations by failing to criminalize FGM and by not investigating and remedying an FGM victim's harm.
Human rights — Female genital mutilation (FGM) — State obligation under Maputo Protocol Article 5 and ACRWC Article 21 to criminalize and sanction FGM — State duty to investigate and provide effective remedies — Right to security of person — Inhuman or degrading treatment; torture not established — Reparations and legislative relief.
8 July 2025
Court finds State liable for cruel, inhuman treatment and violation of child's physical integrity and health; awards CFA 50,000,000.
Human-rights jurisdiction — admissibility without exhaustion of local remedies; standing of a parent for minor child; distinction between torture and cruel, inhuman or degrading treatment; State liability for violations of physical integrity and right to health; reparations and assessment of damages.
7 July 2025
Default judgment denied relief where applicants failed to prove State responsibility for alleged militia abuses.
ECOWAS Court jurisdiction; admissibility of NGOs—legal personality; default judgment procedure; burden of proof in human-rights claims; insufficient evidence of State responsibility for militias; rights considered: physical integrity, security, freedom of movement, assembly.
7 July 2025
Alleged failure to promote a magistrate was not established as discrimination; promotion was discretionary and claimant lacked evidence.
Human rights — Equality before the law — Promotion of magistrates — Discretionary executive appointments — Burden of proof and evidentiary requirements for discrimination claims.
2 July 2025
May 2025
Court found arbitrary detention of named applicants, dismissed plebiscite and self-determination claims, awarded limited compensation.
Human rights jurisdiction – limits on review of historical plebiscites and trusteeships; review of domestic laws only in context of alleged continuing human-rights violations; standing of NGOs requires proof of legal personality; arbitrary detention – failure to bring detainees before court within prescribed time; reparations – modest compensation and conditional release/prosecution.
16 May 2025
Prosecutorial disclosures and procedural delays breached the applicant's presumption of innocence, timely-trial rights and caused arbitrary detention.
Human rights — presumption of innocence — prosecutorial public statements — right to be tried within reasonable time — statutory review deadlines (Art. 294, 300 CCP) — arbitrary detention — reparation and systemic measures — ECOWAS Court jurisdiction.
16 May 2025
The ECOWAS Court lacks jurisdiction to hear contractual claims by a private party against a Member State.
Jurisdiction — ECOWAS Court — limits of Article 9 Supplementary Protocol — no jurisdiction over contractual disputes between Member States and third parties — admissible preliminary objection of lack of jurisdiction — costs awarded to respondent.
15 May 2025
Prolonged pretrial detention violated rights to liberty, movement, fair trial and amounted to inhuman treatment; release and compensation ordered.
Human rights — Jurisdiction of ECOWAS Community Court — Admissibility — Limitation period inapplicable to human rights claims — Arbitrary arrest and prolonged pretrial detention — Rights to liberty, freedom of movement, fair trial within reasonable time — Cruel, inhuman or degrading treatment — Reparations: release and compensation.
15 May 2025
Unlawful internet and social media shutdowns violated applicants' rights to freedom of expression, information and to work.
Human rights — internet and social media shutdowns — legality, necessity and proportionality — freedom of expression and access to information (Art 19 ICCPR; Art 9 African Charter) — standing of juristic persons for expression claims — right to work (Art 6 ICESCR; Art 15 African Charter) — reparations — ECOWAS/UEMOA regulatory instruments not human-rights instruments for jurisdictional purposes.
14 May 2025
Court dismissed abstract challenge to alleged vagrancy laws for lack of identifiable victims and therefore no jurisdiction.
Jurisdiction – Article 9(4) ECOWAS Court Protocol – requirement of real and identifiable victims – no jurisdiction for abstract review of domestic vagrancy laws absent concrete instances of rights violations.
14 May 2025
Whether internal remedies were exhausted and whether recruitment breached fairness and geographic distribution rules.
Administrative law — ECOWAS staff disputes — Jurisdiction under Article 9(1)(f) — Admissibility and exhaustion of internal remedies — Recruitment and appointment — Primary criterion of technical efficiency; geographical distribution ancillary — Burden of proof in discrimination claims — Protection against denigration under Staff Regulations.
13 May 2025
Respondent held liable for arbitrary arrest and property violation; dignity/torture claim unproven; USD 20,000 awarded.
Human rights — ECOWAS Court jurisdiction — Default judgment under Rule 90 — Arbitrary arrest and detention (Article 6 ACHPR) — Right to property seizure (Article 14 ACHPR) — Dignity/torture claim unproven — Reparation and costs.
13 May 2025
Court found jurisdiction but dismissed the claim because applicants failed to prove locus standi or legal personality.
Human rights — jurisdiction under Article 9(4) of the Protocol — admissibility under Article 10(d) — locus standi — direct and indirect victims — proof of relationship — legal personality of an Estate — failure to produce birth certificate or probate/Letters of Administration — dismissal for inadmissibility.
13 May 2025
Court dismissed human-rights claim of intellectual-property theft, finding IP and criminal aspects outside its competence.
Human rights — Right to property (Article 14 ACHPR) — Intellectual property rights and registration — Distinction between deprivation/control (human-rights breach) and allegations of theft/passing-off (criminal/domestic IP matters) — ICCPR Article 26 (equality) — Jurisdictional limits: Berne Convention and WIPO Copyright Treaty outside ECOWAS Court competence — Admissibility — Costs: parties bear own costs.
12 May 2025
Court finds respondent unlawfully prevented applicant leaving Senegal, violating freedom of movement, and awards compensation.
Human rights — Freedom of movement — Article 12(2) African Charter — Evidence and burden of proof — Arbitrary administrative restrictions — Reparations and costs.
9 May 2025
Applicant failed to prove alleged discrimination under Article 2; Court had jurisdiction but dismissed the claim for lack of evidence.
Human rights — Non-discrimination — Article 2 African Charter — burden of proof — necessity to identify and prove third‑party interactions — jurisdiction of ECOWAS Court — institutions versus Member States — admissibility of human‑rights application.
8 May 2025
April 2025
Whether successive prosecutions violated the applicant's non bis in idem and right of defence; court found no violation.
Human rights — Fair trial — Non bis in idem (res judicata) — Distinct facts and successive prosecutions — Right of defence — Accused's presence required; counsel cannot always plead in absence — Damages — Burden to prove actual loss — Counterclaim for abusive proceedings dismissed.
12 April 2025
Court admits only freedom of expression claims; strikes down vague blasphemy laws and orders repeal/amendment as incompatible with international law.
Human rights – Jurisdiction – actio popularis – admissibility of freedom of expression claims; Freedom of expression – limits must be lawful, legitimate and necessary – vagueness defeats legality; Blasphemy laws – death penalty disproportionate; State responsibility for laws of federating units.
9 April 2025
The respondent violated the applicant's right against inhuman treatment and to a timely investigation; damages and investigations ordered.
Human rights jurisdiction – Admissibility – Victim status; Evidence and burden of proof – Medical certificate and contemporaneous press reports; Prohibition of torture and inhuman or degrading treatment (Article 5 African Charter); Right to be tried/rights to a hearing within reasonable time (Article 7 African Charter) – undue delay of 14+ years; State responsibility for acts of law enforcement agents; Remedies – damages, investigation and compliance reporting; Costs ordered against State.
9 April 2025
Applicant failed to prove Cabo Verde denied access to essential medicine; Court found no violation of the right to health.
Human rights — Right to health — Access to essential medicines — State obligations to respect, protect and fulfill health rights — Burden of proof — Jurisdiction and admissibility of individual applications under ECOWAS Court jurisdiction.
7 April 2025
Court found no proven violation of reproductive rights due to insufficient evidence and limited jurisdiction to review domestic abortion laws in abstract.
Jurisdiction and admissibility — preliminary objection procedure — limits on abstract review of domestic laws — right to health and reproductive rights under African Charter and Maputo Protocol — requirement of minimum evidentiary showing for allegations of rape, pregnancy causation and denial of health services — unsuccessful claim for reparations.
4 April 2025
March 2025
State liable for failing to investigate sexual violence; awarded compensation and ordered preventive and victim-support measures.
Human rights — ECOWAS Court jurisdiction and admissibility — State due diligence to investigate sexual violence — Preservation of medical and police evidence — Right to effective remedy — Sexual violence as inhuman/cruel treatment — Reparations and victim support obligations.
20 March 2025
Respondent liable for arbitrary detention, degrading treatment, media-driven breach of presumption of innocence; investigation and CFA 30,000,000 awarded.
Human rights — Jurisdiction and admissibility of default judgment — Arbitrary arrest and detention — Inhuman and degrading treatment in custody — Presumption of innocence violated by public media exposure — Right to privacy, honour and reputation — Reparations and costs.
17 March 2025
Claims of statutory discrimination over land were declared moot after 2022 land laws repealed the impugned statute; damages denied.
Human rights — land rights — alleged statutory discrimination against an ethnic community — Provinces Land Act (Cap.122) — National Land Commission Act 2022 and Customary Land Rights Act 2022 repeal and reform — admissibility and default judgment — reparations refused for lack of evidential proof.
17 March 2025
Court: failure to create a sixth state does not, by itself, violate equality or development rights; foreign NGO struck off.
Human rights — actio popularis — standing of NGOs in public interest actions — limits of Court’s remit over internal territorial organization — Article 19 (peoples’ equality), Article 22 (right to development) African Charter; Article 26 ICCPR — margin of appreciation in creating subnational units.
17 March 2025
Applicants’ arrests and forcible home entries violated privacy, liberty, assembly, expression and fair‑trial rights; damages awarded.
Human rights – unlawful entry into private homes; arbitrary arrest and detention; infringement of freedom of assembly, demonstration and expression; violation of right to counsel and fair trial; remedies and damages (5,000,000 CFA per applicant); costs awarded against State.
17 March 2025
ECOWAS Court finds fair‑trial violations (unreasonable delay and denial of defence), awards modest damages and orders costs against the State.
Human rights — jurisdiction — admissibility — expedited procedure — fair trial: presumption of innocence; right to be tried within reasonable time; right of defence (access to counsel and file) — arbitrary detention — torture and inhuman or degrading treatment — compensation and costs.
14 March 2025
February 2025
Applicants lacked standing to sue on behalf of the deceased absent proof of relationship or legal mandate.
Human rights jurisdiction — continuing state obligations — temporal jurisdiction; admissibility — victim status/standing under Article 10(d); not an invitation to exercise appellate jurisdiction over domestic courts; Article 9(3) limitation inapplicable to human rights cases.
28 February 2025
Failure to appeal to the Council of Ministers rendered the applicant's claim inadmissible.
ECOWAS Court jurisdiction — disputes between Community and officials; admissibility — mandatory exhaustion of internal remedies; Article 73(a) Staff Regulations — appeal to Council of Ministers required despite "may"; retired staff count as officials for Court access; dismissal for failure to exhaust remedies.
28 February 2025
State agents' use of lethal force and the State's inadequate investigation violated the victim's rights to life and fair hearing.
Human rights — Right to life (Article 4 African Charter) — State responsibility for lethal actions of security forces — Duty to conduct prompt, effective investigation and provide remedies — Right to fair hearing (Article 7) — Proof of victim status and admissibility.
28 February 2025
An application framed as a human-rights claim cannot compel the ECOWAS Court to review or set aside national court decisions.
ECOWAS Court jurisdiction – human rights – right to property – limits of jurisdiction – application as disguised appeal against national court decisions – inadmissibility for lack of competence – costs awarded to respondent.
14 February 2025
Representative applicant’s failure to produce mandate rendered EndSARS-related human-rights application inadmissible despite Court’s jurisdiction.
Human rights — Jurisdiction to hear alleged violations of freedom of expression and assembly; Admissibility — victim status and standing; Representative actions — requirement of mandate/authorization for actions on behalf of determinable victims; Failure to produce authorization renders representative application inadmissible.
14 February 2025
Court found jurisdiction but dismissed NGO’s public interest suit for inadmissibility due to failure to identify envisagable victims.
Human rights — jurisdiction under Supplementary Protocol Article 9(4) — admissibility of public interest litigation — NGO locus standi — actio popularis — requirement to envisage victim class — Dasin Hausa Dam flooding allegations.
14 February 2025
Court finds ECOWAS sanctions lawful, rejects damages claim and dismisses application as unfounded.
Community law – jurisdiction under Art.9(1)(g) for damages claims against Community institutions; admissibility and default judgment; sanctions and measures under Art.77(3) Revised Treaty and Democracy and Good Governance Protocol; legality vs arbitrariness of ECOWAS measures; no liability for lawful acts of the Community; limits of Art.9(4) human-rights jurisdiction.
14 February 2025
Court found jurisdiction and admissibility but dismissed claims for lack of evidence linking state agents to violations.
Human rights — Court jurisdiction over alleged violations in Member States; admissibility; limits on adjudicating purely national constitutional claims; state responsibility requires attribution of acts to the State; insufficient evidence dismisses claims for violations of ACHPR Articles 3, 6, 12(1), 14 and 21.
13 February 2025
13 February 2025
January 2025
Court found jurisdiction but dismissed application as inadmissible for lack of proper locus standi and mandate.
Human rights jurisdiction — ECOWAS Court jurisdiction over alleged rights violations from domestic law application; admissibility — Article 10(d) Supplementary Protocol; actio popularis; corporate standing for freedom of expression claims; representative actions require mandate; broadcasting regulation v. freedom of expression.
27 January 2025