ECOWAS Community Court of Justice - 2025 February

9 judgments
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9 judgments
Citation
Judgment date
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