ECOWAS Community Court of Justice

223 judgments
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223 judgments
Citation
Judgment date
December 2025
Court denied interim relief, found jurisdiction under Articles 9(1)(f) and (g), and declared African Charter claims inadmissible against the Commission.
Administrative law; interim measures — urgency, irreparable harm, prima facie case; jurisdiction — Articles 9(1)(f) and 9(1)(g) (employment and damages claims); inadmissibility of African Charter claims against ECOWAS institutions; exhaustion of internal remedies — unavailable/ineffective where President is author and Council of Ministers holds competence.
10 December 2025
November 2025
Court upholds ECOWAS requirement that military officers resign before permanent conversion and dismisses salary claims for lack of proof.
Administrative law – ECOWAS staff disputes – Jurisdiction and admissibility – exhaustion of internal remedies where internal procedure is non‑operational – Conversion of contract staff to permanent status – Requirement for military personnel to resign prior national service – Institutional independence and exclusive loyalty – Lawfulness of salary suspension for assumed political office without authorization.
19 November 2025
Applicant’s revision dismissed as inadmissible for failing to show new decisive facts; Court retains jurisdiction.
Revision of judgment – admissibility – discovery of new decisive facts – Article 25 Protocol and Article 92 Rules – not an appellate review – jurisdiction retained – costs each party bears own costs.
19 November 2025
State's prolonged failure to reconstitute a human-rights body violated the applicant's right to a timely fair hearing.
Human rights — Right to fair hearing within a reasonable time (Article 7(1)(d) African Charter) — Quasi-judicial bodies (NHRC) — State responsibility for institutional dysfunction (dissolution of NHRC Governing Council) — Reparations (declaration, compensation, order to conclude proceedings).
17 November 2025
Whether the ECOWAS Court had temporal jurisdiction over alleged human-rights violations occurring in the 1970s.
Temporal jurisdiction — non-retroactivity of treaties — ECOWAS Court human-rights mandate effective 19 January 2005 — continuing-violation doctrine inapplicable where wrongful act was completed — effects of past violations insufficient to render breach continuing.
10 November 2025
Prolonged detention under a mandatory death-by-hanging sentence and denial of adequate medical care violated Articles 5 and 16 of the African Charter.
Human rights – Death row – Mandatory death sentence and hanging – prolonged detention on death row as torture/cruel, inhuman or degrading treatment (Article 5 African Charter) – Right to health of prisoners (Article 16 African Charter) – Burden of proof on claims of trial in absentia – Reparations: commutation/release, medical care, compensation.
10 November 2025
July 2025
Revision application dismissed as inadmissible because it raised previously decided legal issues, not a newly discovered decisive fact.
Revision of judgment – Article 27 Protocol (as amended) – requirements for revision: new fact, decisive nature, unknown to Court and applicant, not due to applicant's negligence – inadmissibility where grounds are previously raised legal issues; jurisdiction and standing of non-Community national; res judicata; abuse of process; costs awarded.
8 July 2025
State violated obligations by failing to criminalize FGM, investigate perpetrators, and protect the victim's rights.
Human rights — Female genital mutilation (FGM) — State obligation to criminalize under Maputo Protocol and African Children's Charter — Due diligence and State responsibility for private actors — Right to effective remedy and access to justice — Right to security of person — Inhuman or degrading treatment — Reparations (US$30,000).
8 July 2025
Applicant awarded compensation for cruel, inhuman treatment and violations of child's physical integrity and health; torture and best‑interests claims rejected.
ECOWAS Court jurisdiction; admissibility — exhaustion of local remedies not required; victim status and standing of parent for minor; distinction between torture and cruel, inhuman or degrading treatment; State liability for violation of physical integrity and right to health; award of compensation and costs.
7 July 2025
Applicants failed to prove state liability for alleged militia attacks; certain NGOs were inadmissible for lack of legal personality.
Jurisdiction of ECOWAS Court under A/SP.1/01/05; admissibility and legal personality of NGOs; default judgment procedure (Art.90 Rules); burden of proof in human-rights claims; State responsibility for militia violence; freedom of assembly, physical integrity and freedom of movement.
7 July 2025
Applicant failed to prove discriminatory denial of promotion; Court found promotions discretionary and dismissed the claim.
Human rights — Equality before the law — Alleged discriminatory denial of promotion to special judicial category — Promotion as executive discretion under domestic law — Burden and standard of proof for discrimination — Admissibility and jurisdiction — Costs awarded to successful party.
2 July 2025
May 2025
Court finds arbitrary detention of named applicants, dismisses self-determination and plebiscite claims, awards limited compensation.
Public international law – jurisdiction of regional court – limits on review of historical/political acts (plebiscite); Human rights – arbitrary detention – compliance with constitutional time-limits and fair trial guarantees; Admissibility – legal personality for NGOs; Domestic law review – Court may assess compatibility of national laws with international obligations but cannot invalidate laws in abstracto; Remedies – modest compensation and orders to prosecute or release.
16 May 2025
The State violated the applicant's presumption of innocence, reasonable-time trial right and detained him arbitrarily.
Criminal procedure; presumption of innocence; prosecutorial public statements; right to be tried within reasonable time; statutory deadlines (Arts. 294, 300 CCP Guinea); arbitrary detention; reparations; ECOWAS Court jurisdiction.
16 May 2025
ECOWAS Court lacks jurisdiction over a private party’s contractual claim against a Member State; objection upheld.
ECOWAS Court jurisdiction — limits of Article 9 of the Supplementary Protocol — contractual disputes by private parties against Member States — lack of jurisdiction; costs awarded against unsuccessful party.
15 May 2025
Prolonged pretrial detention violated rights to liberty, movement, fair trial and prohibition of inhuman treatment; release and compensation ordered.
Human rights — Arbitrary and prolonged pretrial detention — Jurisdiction of ECOWAS Court — Admissibility and inapplicability of Article 9(3) limitation to human rights claims — Violations: right to liberty, freedom of movement, fair trial within reasonable time, prohibition of inhuman or degrading treatment — Reparations: immediate release and compensation.
15 May 2025
State-ordered internet shutdowns unlawfully infringed applicants' rights to freedom of expression, access to information, and right to work.
Internet shutdowns – Freedom of expression and access to information – Legality, legitimate purpose and proportionality – Right to work affected by internet restrictions – Standing of juristic persons for expression/information claims – Jurisdictional limits re: non-human-rights regulatory instruments.
14 May 2025
The Court dismissed the applicant's challenge to vagrancy provisions for lack of jurisdiction absent identifiable victims.
Human rights jurisdiction – Article 9(4) Protocol – requirement of real and identifiable victims – no abstract review of domestic laws; Vagrancy laws – challenge to Penal and Criminal Code provisions – generalized reports and advisory opinions insufficient to establish jurisdiction.
14 May 2025
Applicant's recruitment challenge dismissed for lack of evidence; Court affirms jurisdiction and admissibility.
Staff law — Recruitment and appointment — Management Succession Committee discretion — Burden of proof in discrimination claims — Exhaustion of internal remedies — Equitable geographical distribution as ancillary criterion — Protection of dignity under staff regulations.
13 May 2025
Default judgment: State violated applicant’s rights to liberty and property but not proven torture; damages awarded US$20,000.
Human rights – ECOWAS Court jurisdiction – Default judgment – Arbitrary arrest and detention (Article 6 ACHPR) – Property rights violation (Article 14 ACHPR) – Insufficient proof of torture/ill‑treatment (Article 5 ACHPR) – Damages awarded.
13 May 2025
Application alleging human-rights violations dismissed for inadmissibility due to applicants' failure to prove standing and legal personality.
Human rights — ECOWAS Court jurisdiction under Article 9(4) — Admissibility under Article 10(d) — Locus standi — Direct and indirect victims — Proof of familial relationship — Legal personality of an Estate — Failure to prove standing leads to inadmissibility and dismissal.
13 May 2025
Court finds jurisdiction for Articles 14 and 26 claims but dismisses property and equality allegations; Berne/WIPO claims outside competence.
Human rights — Right to property (Article 14 ACHPR) — Intellectual property and alleged copying — Jurisdictional limits of regional human-rights court regarding international IP treaties (Berne/WIPO) — Admissibility — Equality before the law (Article 26 ICCPR) — Distinction between criminal/IP remedies and human-rights violations.
12 May 2025
State unlawfully restricted applicant's freedom of movement at airport; Court awarded compensation and ordered costs.
Human rights — Freedom of movement — Article 12(2) African Charter — Restrictions must be prescribed by law, necessary and proportionate — Burden of proof and evidentiary shift on prima facie showing — State liability and reparations — Costs of proceedings.
9 May 2025
Application alleging discrimination from banning celebrities in gambling adverts dismissed for lack of proof; Gaming Commission not a proper party.
Human-rights jurisdiction – State responsibility for acts of national agencies – Proper parties before ECOWAS Court – Non-discrimination (Article 2 ACHPR) – Burden of proof in discrimination claims – Requirement to prove differential treatment and produce documentary evidence.
8 May 2025
April 2025
Whether successive prosecutions breached non bis in idem and defence rights — Court found no violation; damages denied.
Human rights — Fair trial — Non bis in idem (res judicata) — Right of defence — Accused's absence and counsel's inability to plead in substitution — Admissibility and jurisdiction of ECOWAS Court — Damages and counterclaim for abusive proceedings.
12 April 2025
Public‑interest challenge successful for freedom of expression: two Kano blasphemy provisions incompatible with international law.
Freedom of expression – actio popularis admissibility – private vs public rights – legality and precision of restrictions – proportionality of penalties – blasphemy laws invalid where vague or imposing death penalty – State responsibility for subnational laws.
9 April 2025
Respondent held liable for inhuman treatment and unreasonable investigatory delay; damages and investigation ordered.
Human rights — Prohibition of torture and cruel, inhuman or degrading treatment; State responsibility for acts of law‑enforcement agents; Right to fair trial — investigation and trial within a reasonable time; Admissibility — victim status and jurisdiction; Remedies — monetary compensation and orders to investigate; Costs and reporting obligations.
9 April 2025
Applicant failed to prove State violated right to health after State-authorised import and gave procurement instructions.
Human rights — Right to health — Availability, accessibility, acceptability and quality — State obligations to respect, protect and fulfil health rights — Authorization and procedural guidance for importation of hospital-use medicines — Burden of proof on applicant — Procedural compliance for preliminary objections.
7 April 2025
Applicant's claim that denial of safe abortion violated rights dismissed for lack of evidence; Court cannot assess domestic law in abstract.
Human rights — Right to health and reproductive rights — Access to safe abortion after rape — Jurisdiction of ECOWAS Court over concrete human rights violations — No jurisdiction to review domestic law in abstract — Burden of evidence in human rights claims.
4 April 2025
March 2025
State violated applicant's right to effective remedy and failed to prevent or investigate severe sexual violence, meriting reparation and structural orders.
Human rights — Sexual violence by non-state actors — State due diligence to prevent, investigate and prosecute — Right to an effective remedy and access to justice — Prohibition of torture/cruel, inhuman or degrading treatment — Gender discrimination (unproven) — Default judgment procedure — Reparations and positive obligations to provide victim support services.
20 March 2025
Default judgment: State violated applicant's dignity, liberty, presumption of innocence and privacy; awarded CFA 30 million.
Human rights — ECOWAS Court jurisdiction — Default judgment procedure — Arbitrary detention and deprivation of liberty — Inhuman and degrading treatment — Presumption of innocence — Privacy, honour and reputation — Reparations and State investigation — Costs.
17 March 2025
Repeal and reform of land laws rendered discrimination claims moot; default judgment and damages denied.
Human rights — Land rights — Alleged discrimination under colonial-era Provinces Land Act — Repeal by National Land Commission Act 2022; Customary Land Rights Act 2022 guarantees non‑discriminatory customary land access — Mootness of claims — Default judgment principles and burden for damages proof.
17 March 2025
Failure to create an additional state is a domestic constitutional matter, not a breach of equality or development rights.
Public interest litigation; standing of NGOs; jurisdiction ratione personae; actio popularis; margin of appreciation in internal territorial organisation; alleged discrimination (Article 19 African Charter; Article 26 ICCPR); right to development (Article 22 African Charter).
17 March 2025
State violated multiple human rights—illegal home entry, arbitrary arrest, assembly and fair‑trial breaches; damages awarded.
Human rights – jurisdiction and admissibility – forced entry and arbitrary arrest – violations of rights to private home, liberty, assembly, expression, demonstration and fair trial – failure to inform of right to counsel – damages awarded.
17 March 2025
Court found violations of fair-trial rights (defense access and unreasonable delay) but no arbitrary detention or torture; awarded damages.
Human rights — Jurisdiction of ECOWAS Court — Admissibility — Expedited procedure — Fair trial: right of defense, equality of arms, and trial within a reasonable time — Arbitrary detention — Torture and inhuman or degrading treatment — Damages and costs.
14 March 2025
February 2025
Court found jurisdiction but dismissed the application as inadmissible for lack of applicants' victim status.
Human rights jurisdiction – continuing state obligation to investigate and prosecute – admissibility – standing/victim status under Article 10(d) – Article 9(3) limitation not applicable – Court not an appellate forum for national courts.
28 February 2025
Failure to exhaust internal administrative remedies, including appeal to the Council of Ministers, renders the applicant's application inadmissible.
Administrative law – ECOWAS Staff Regulations – exhaustion of internal remedies – Article 73(a) – appeal to Council of Ministers required before Court – admissibility; Jurisdiction – Article 9(1)(f) – former staff as "official" of the Community; interpretation of "may" in context.
28 February 2025
Respondent unlawfully deprived the victim of life, failed to investigate, and must investigate, prosecute and pay compensation.
Human rights — Right to life (Article 4 African Charter) — State responsibility for agents’ lethal force — Duty to investigate — Right to fair hearing (Article 7) — Admissibility: victim status and proof of family relationship — Reparations: compensation and prosecution orders.
28 February 2025
The Court lacked jurisdiction because the applicant sought review of national court decisions, not a human-rights violation.
Human rights — Property rights — Jurisdiction of ECOWAS Court — Alleged loss of ownership resulting from national court and administrative decisions — ECOWAS Court not an appellate forum to review domestic judicial decisions — Inadmissibility/ lack of jurisdiction.
14 February 2025
Representative human-rights claims require proof of mandate; absence of authorization renders the application inadmissible despite jurisdiction.
Human rights — Freedom of expression and peaceful assembly — Admissibility — Victim status and standing — Representative actions require proof of mandate/authorization — ECOWAS Community Court jurisdiction.
14 February 2025
Court had jurisdiction but dismissed public-interest dam claim as inadmissible for failing to identify envisagable victims.
Human rights – public interest litigation – admissibility – locus standi of NGOs – NGO registration in ECOWAS Member State required – victims in public interest suits must be capable of being envisaged – jurisdiction of ECOWAS Court triggered by mere allegation of rights violations.
14 February 2025
Court held ECOWAS sanctions lawfully imposed on Mali did not give rise to individual compensation claims.
ECOWAS law – Jurisdiction under Article 9(1)(g) for damages claims against Community institutions; default judgment procedure; lawfulness of sanctions under Revised Treaty Article 77(3) and Protocols on Democracy and Conflict Mechanism; limits of Article 9(4) human rights jurisdiction; no liability for lawful Community acts.
14 February 2025
Court accepted jurisdiction but dismissed religious and property claims for lack of evidence and state attribution.
ECOWAS Court jurisdiction — admissibility of individual human rights applications — limits on adjudicating national constitutional provisions — state responsibility and attribution for acts of private individuals — evidentiary burden in human rights claims — remedies (reparations and injunctions).
13 February 2025
13 February 2025
January 2025
Court affirmed jurisdiction but dismissed the suit for lack of standing, representative mandate, and actio popularis requirements.
Human rights — Freedom of expression — Admissibility — Article 10(d) Supplementary Protocol — Locus standi — Actio popularis — Representative actions — Authorization/mandate — Domestic law challenge — Jurisdiction ratione materiae.
27 January 2025
December 2024
ECOWAS Court finds state liable for torture by police, awards compensation and orders investigation and prosecution.
Human rights — Torture and ill‑treatment — Article 5 African Charter — ECOWAS Court jurisdiction over individual human‑rights claims — Statute of limitations inapplicable to human‑rights applications — Presumption of state responsibility for injuries in custody — Burden of proof and necessity of independent medical corroboration — Remedies: compensation, investigation and prosecution.
3 December 2024
Default judgment: media expressions not attributable to State; interdiction lawful but prolonged unresolved process violated right to work.
Human rights – jurisdiction and admissibility – default judgment formalities – attribution of private media conduct to State – presumption of innocence and interdiction – right to work – reparations for prolonged unresolved administrative/ criminal processes.
3 December 2024
November 2024
Default judgment: initial immigration detention lawful; re-arrest and detention after charge withdrawal arbitrary, awarding USD10,000.
Human rights — Default judgment — Jurisdiction of ECOWAS Court over human-rights claims — Lawful detention under immigration law vs. arbitrary re-arrest and detention — Article 6 African Charter (liberty) — Insufficient evidence for breaches of fair hearing, freedom of movement, equality and non-discrimination.
22 November 2024
The re-arrest and detention of the foreign applicant after charges were dropped were arbitrary, and thus unlawful.
Human Rights – Liberty – Arbitrary Detention – Fair Hearing – Freedom of Movement – Non-Discrimination – Foreign National – Deportation.
22 November 2024
22 November 2024
Default judgment denied because the applicant's torture allegations lacked sufficient identity and injury evidence.
Human rights; torture and cruel, inhuman or degrading treatment; default judgment; burden of proof in default; proof of identity and injury; ECOWAS Court jurisdiction and admissibility; evidentiary standards; State responsibility for security agents.
14 November 2024