ECOWAS Community Court of Justice - 2025 July

5 judgments
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5 judgments
Citation
Judgment date
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