ECOWAS Community Court of Justice - 2025 November

5 judgments
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5 judgments
Citation
Judgment date
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