ECOWAS Community Court of Justice - 2025 May

12 judgments
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12 judgments
Citation
Judgment date
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