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Citation
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Judgment date
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| October 2021 |
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ECOWAS Parliament breached its employment obligations by withholding salaries and allowances due to internal procedural errors.
Community institution employment law – jurisdiction of ECOWAS Court over employment disputes – breach of employment contract by institution – obligation to pay staff salaries and allowances – effect of internal procedural irregularities – principle against benefiting from one’s own wrong – requirement to regularise advances – calculation and entitlement to various allowances under ECOWAS Staff Regulations – interest on late payments – costs.
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27 October 2021 |
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A revision application was dismissed as inadmissible for lacking new or decisive facts, reaffirming the finality of the Court’s earlier judgment.
ECOWAS Court – application for revision – admissibility – requirement of new and decisive facts – mere disagreement with prior judgment not sufficient – finality and binding nature of judgments – costs.
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27 October 2021 |
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Revision of ECOWAS Court judgments requires new, decisive facts; mere disagreement with conclusions is not reviewable.
International human rights law – ECOWAS Court – application for revision of judgment – admissibility – requirement for new and decisive facts – no appeal from ECOWAS Court final judgment – costs.
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26 October 2021 |
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Applicants' claims of human rights violations were dismissed for lack of legal standing as direct or representative victims.
ECOWAS Court – Human rights – Right to life and property – Locus standi – Requirement to prove victim status or authorization in representative actions – Insufficient evidence – Dismissal of claims for lack of legal capacity.
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21 October 2021 |
| September 2021 |
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A supplementary application for reinstatement and benefits after wrongful termination was dismissed as all claims had been addressed in the prior judgment.
Employment law – wrongful termination – interpretation and supplementation of court judgment – jurisdiction to grant reinstatement and arrear benefits – admissibility and limitations under Articles 63 and 64 of ECOWAS Court Rules.
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29 September 2021 |
| July 2021 |
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The court found Togo liable for torture, denial of fair hearing, and unlawful termination of a soldier’s employment, awarding compensation.
Human rights – torture – cruel, inhuman or degrading treatment – arbitrary dismissal – right to fair hearing – right to work – admissibility – state responsibility for acts of agents – inquiry and reparations
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9 July 2021 |
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The Court found Togo liable for torture, arbitrary detention, and violation of freedom of assembly following police assault on a protester.
Human rights – Torture and inhuman treatment – Freedom of assembly – Arbitrary detention – State obligations – Burden of proof – Effective remedy – Compensation.
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9 July 2021 |
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A non-permanent staff member's claims for wrongful dismissal and benefits failed as his contract lawfully expired and regulations excluded such entitlements.
Labour law – ECOWAS Community staff regulations – employment categories – distinction between permanent and non-permanent staff – contract renewal and conversion – discrimination – wrongful dismissal – exhaustion of internal remedies – claims for contractual benefits by non-permanent employees.
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7 July 2021 |
| June 2021 |
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The Court dismissed Liberia’s application for review for lack of new decisive facts and ordered compliance with its original judgment.
ECOWAS Court of Justice – Application for review of judgment – Article 25 of the Protocol – Requirement of new and decisive fact – Finality of judgments – No appeal – Preliminary objection – Recusal of judge – Procedural requirements under ECOWAS legal framework.
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4 June 2021 |
| April 2021 |
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Court finds Respondent liable for rape, arbitrary detention, unlawful dismissal and health violations against an airwoman, awarding compensation and orders.
Human rights – rape as torture and violation of human dignity – state responsibility for acts of agents – arbitrary detention – right to fair process in dismissal from public service – right to health – reparations – sexual violence by state agents – military law and due process.
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30 April 2021 |
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A member state violated an applicant’s right to liberty and presumption of innocence by detaining him beyond the lawful pretrial period, contrary to international human rights standards.
Human Rights – Right to liberty and security of person – Pretrial detention – Arbitrariness – Compatibility of domestic law with international human rights obligations – Presumption of innocence – Judicial orders of release – State compliance
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29 April 2021 |
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The court dismissed an NGO’s claim for systemic rights violations due to lack of standing and improper victim identification.
Human rights – locus standi – actio popularis – admissibility – representative capacity – proper identification of victims – res judicata – ECOWAS Court jurisdiction.
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26 April 2021 |
| March 2021 |
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Detention and pending extradition of the applicant in Cabo Verde found unlawful for violating the right to liberty; immediate release ordered.
Human rights – arbitrary arrest and detention – diplomatic immunity – compliance with international and national law in extradition proceedings – right to liberty – ECOWAS Court jurisdiction – standing to seek sanctions for noncompliance with Community obligations.
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15 March 2021 |
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Arrest and detention without warrant or valid Interpol red alert violated the applicant’s right to liberty under the African Charter.
International human rights law – arbitrary detention – extradition – diplomatic immunity – fair trial – remedies – international law – African Charter on Human and Peoples’ Rights – right to liberty – locus standi for sanctions – retroactivity of diplomatic immunity – compensation for unlawful detention – procedural safeguards for arrest.
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15 March 2021 |
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The ECOWAS Court lacks jurisdiction over human rights claims solely between private individuals or purely domestic disputes.
Jurisdiction – ECOWAS Court – human rights – proper parties – cause of action against Community institutions – international character required – domestic disputes between individuals – Court's competence limited to Member States and Community official acts.
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10 March 2021 |
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The respondent violated the applicants’ right to property by unlawfully expropriating land without compensation or due legal process.
Human rights – Right to property – Compulsory acquisition of land – Requirements of lawfulness and compensation – African Charter on Human and Peoples’ Rights, Article 14 – Expropriation without notice or compensation – State obligations and remedies.
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9 March 2021 |
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Applicants claiming discrimination in post-election violence compensation failed as they could not prove verified victim status under panel process.
Human rights – ECOWAS Court jurisdiction – standing and anonymity – res judicata – state responsibility for failure to prevent post-election violence – obligations of investigation and compensation – evidentiary burden for compensatory claims – discrimination and selective compensation of victims.
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9 March 2021 |
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The applicant’s rights to liberty, fair hearing, movement, and dignity were violated by arbitrary detention and passport seizure in Nigeria.
Human rights – ECOWAS Court jurisdiction – arbitrary arrest and detention – fair hearing – freedom of movement – dignity of the person – torture threshold – reparations for violations
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4 March 2021 |
| February 2021 |
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Third party applicants were denied joinder to post-civil war landmine victim compensation for lack of proof and locus standi.
Human Rights – Victim compensation – locus standi – post-civil war landmine victims – admissibility of third party applications – burden of proof – ECOWAS Community Court Rules – definition of 'victim' in mine action.
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25 February 2021 |
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A state was found liable to repay a commercial loan and interest under a valid loan agreement with an ECOWAS bank.
Banking law – Enforcement of loan agreements – Failure to repay commercial loan – Contractual interest and penalties – Court’s jurisdiction under ECOWAS agreements – Proof of guarantee obligations – Special damages (solicitor’s fees) – Premature suit objection.
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5 February 2021 |
| November 2020 |
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Impeachment and removal without prescribed procedure or due process violates the right to fair hearing and to work.
Human rights – Fair hearing – Impeachment procedures – Due process – Lack of legislatively prescribed procedure – Right to work – Judicial office – ECOWAS Court jurisdiction – Domestic remedies – State obligations under African Charter and Universal Declaration of Human Rights.
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10 November 2020 |
| October 2020 |
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The ECOWAS Court dismissed a challenge to a Nigerian governorship election for lack of jurisdiction over electoral matters absent human rights violations.
ECOWAS Court – Jurisdiction – Human rights – Electoral matters – Right to participate in government – Whether electoral irregularities or alleged disenfranchisement by vote transfer give rise to justiciable human rights claims under international instruments – Admissibility – Cause of action – Distinction between electoral disputes and human rights violations.
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12 October 2020 |
| September 2020 |
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State's auction of applicant's property without adequate notice or legal justification violated rights to property and fair hearing.
Human rights – Right to property – Unlawful deprivation of property by State – Right to fair hearing – Adequacy of procedural notice – Jurisdiction of ECOWAS Court to review alleged human rights violations arising from national proceedings – Proof of proprietary interest despite name discrepancy – Admissibility of application under ECOWAS Court Rules.
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20 September 2020 |
| July 2020 |
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ECOWAS Court found violation of fair hearing by an improperly constituted disciplinary committee but dismissed claims of torture.
Human rights – fair hearing – ECOWAS Community Court jurisdiction – disciplinary proceedings against judicial officers – proper constitution of disciplinary committee – right to be tried by competent panel – mental torture – award of nominal damages for procedural violation.
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14 July 2020 |
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Section 24 of Nigeria's Cybercrime Act found to violate freedom of expression protections under international human rights law.
Human rights – Freedom of expression – Compatibility of cybercrime legislation with international standards – Vagueness and overbreadth of penal laws – Proportionality – Necessary restrictions in a democratic society – International obligations of State Parties – Admissibility and locus standi in public interest litigation
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10 July 2020 |
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Applicants failed to prove violations of their right to fair hearing and due process in compulsory military retirement proceedings.
Fundamental rights – right to fair hearing – compulsory retirement of military officers – disciplinary proceedings – burden of proof – right to appeal – insufficient evidence – African Charter on Human and Peoples’ Rights – due process.
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10 July 2020 |
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A state’s transfer of a company’s assets to a third party without due process or compensation violates the right to property.
Human rights – Property rights – Unlawful deprivation of property – State facilitation of private transfer – International human rights instruments – Restitution and compensation – Access to justice – Equal protection of the law – ECOWAS Court jurisdiction.
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9 July 2020 |
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The ECOWAS Court dismissed claims against Côte d'Ivoire for alleged employment and social rights violations, finding no State liability.
Human rights – ECOWAS Court jurisdiction – Admissibility – Claims against Member States versus private entities – Burden of proof in human rights proceedings – State responsibility following privatization – Dismissal for want of proof of violation of rights to work, social protection, and security.
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9 July 2020 |
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Requiring spousal consent to recognize paternity of a child born outside marriage violates the child's rights to equality and non-discrimination.
Human rights – children’s rights – right to equality before the law and non-discrimination – best interests of the child – succession and filiation – discrimination based on birth outside marriage – international human rights instruments – state liability – compensation – legislative reform ordered.
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8 July 2020 |
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Applicants failed to establish legally recognized property rights; all related human rights and compensation claims were dismissed.
Human rights – right to property – claims of customary land rights – burden of proof – expropriation – compensation – African Charter on Human and Peoples’ Rights (ACHPR) – admissibility – absence of legally recognized title – rejection of derivative claims
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8 July 2020 |
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A state's expropriation of a corporation's property without due process and compensation violates the right to property under the African Charter.
Right to property – expropriation – legal persons as victims – locus standi – compensation – due process – African Charter on Human and Peoples’ Rights and UDHR – arbitrary state action – award of special damages – fair hearing – admissibility of corporate claims – procedural fairness in property deprivation.
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1 July 2020 |
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The ECOWAS Court upheld Nigeria’s exclusion of independent candidates from elections as consistent with international human rights standards.
International human rights – right to political participation – margin of appreciation – requirement of political party affiliation for candidates – independent candidacy – ECOWAS Court jurisdiction – statute of limitations – national law and international obligations.
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1 July 2020 |
| June 2020 |
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A government-imposed internet shutdown during protests was held to unlawfully violate the right to freedom of expression.
Human rights – freedom of expression – internet access as derivative right – state obligations – justification for restrictions – jurisdiction and locus standi of individuals and NGOs – unlawful internet shutdown during protests.
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25 June 2020 |
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ECOWAS Court held that damages, not reinstatement, are appropriate for unlawful military dismissal, but granted arrears of salary.
Human rights – Right to fair hearing – Unlawful dismissal from military service – Supplementary application to correct judicial omission – Powers of ECOWAS Court under Articles 63 and 64 of its Rules – Damages versus reinstatement – Entitlement to arrears of salary on unlawful termination.
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25 June 2020 |
| March 2020 |
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The Nigerian state was held liable for failing to protect and compensate victims of mass violence despite not being direct perpetrators.
Human Rights – Right to life – State duty to protect against violence by non-state actors – Failure to provide prompt security response and prosecution – Adequate compensation for loss of life and property – Locus standi in public interest litigation – ECOWAS Community Court procedure and African Charter interpretation.
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20 March 2020 |
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Applicants failed to prove their status as verified victims of post-election violence, so no rights violations were found.
Human rights – post-election violence – right to protection – obligation to prevent and investigate violations – evidentiary standard for recognition as victim – compensation for verified victims – admissibility requirements for representative actions – ECOWAS jurisdiction.
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9 March 2020 |
| February 2020 |
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A Community institution’s dismissal of an employee without affording fair hearing was declared unlawful, awarding damages for wrongful termination.
Employment law – ECOWAS institutions – unfair dismissal – right to fair hearing – due process in disciplinary proceedings – recruitment process – burden of proof – damages for wrongful termination.
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3 February 2020 |
| January 2020 |
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The court found unlawful detention and torture of protestors by The Gambia, awarding damages, but upheld licensing for public assemblies.
Human rights – right to liberty and freedom from arbitrary detention – torture and inhuman or degrading treatment – fair trial rights – right to peaceful assembly – permissible statutory restrictions – jurisdiction of regional human rights court – locus standi in representative actions – limitations on review of national court judgments.
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20 January 2020 |
| December 2019 |
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The court held the respondent liable for unlawful killing by state agents and awarded compensation to the deceased’s family for rights violations.
Human rights – right to life – state responsibility for unlawful killing by agents – failure to investigate and prosecute – compensation for indirect victims – ECOWAS Court jurisdiction – standing of victims’ family members – effective remedy required.
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19 December 2019 |
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State policy barring pregnant school girls from mainstream education held discriminatory and in violation of international human rights law.
Human rights – right to education – discrimination – pregnant adolescent school girls – exclusion from mainstream education – state liability for official acts – public interest litigation – ECOWAS jurisdiction – remedies for violation of educational rights – equality and non-discrimination under international law.
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12 December 2019 |
| October 2019 |
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ECOWAS Court dismissed a repeat application for human rights violations as inadmissible due to res judicata, with no costs granted.
Human rights – ECOWAS Court jurisdiction – res judicata – inadmissibility of claims previously adjudicated – irreviewability of domestic court decisions – costs – abuse of process.
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30 October 2019 |
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A soldier's conviction by court martial without mandatory confirmation violated his rights to liberty, fair trial, and work under the Charter.
Human rights – Military law – ECOWAS Court – Court martial – Armed Forces Act– Requirement for confirmation of conviction and sentence – Right to liberty – Pretrial detention – Right to fair trial within reasonable time – Right to work – Compensation – Non-discrimination – Torture and inhuman treatment – Default judgment.
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11 October 2019 |
| September 2019 |
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The ECOWAS Court dismissed an application alleging breach of parliamentary immunity due to failure to specify any human rights violation.
ECOWAS Court – Jurisdiction – Human rights – Parliamentary immunity – Requirement for alleging and proving specific human rights violation – Competence over review of domestic decisions – Admissibility of application.
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26 September 2019 |
| June 2019 |
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Denial of pension benefits to a former transitional official who resigned violates the right to property but not rights to life or equality.
Human Rights – pension rights – right to property – legitimate expectation – interpretation of retirement/resignation under statutory benefit schemes – ECOWAS jurisdiction – non-discrimination – administrative law – burden of proof in quantifying pension entitlements – state obligation to pay retirement benefits.
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28 June 2019 |
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Senegal violated the applicant’s right to free movement, but no compensation was awarded due to insufficient proof of causation for the losses.
ECOWAS Law – Human rights – Free movement of persons, goods and services – Closure of border – Liability of member state for breach – Compensation for business losses – Causation and evidentiary burden.
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28 June 2019 |
| May 2019 |
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ECOWAS Court held insufficient proof of pension and property claims; five-year pension buyout not unconstitutional or rights-violating.
ECOWAS Court – Human rights – Right to property – Entitlement to pension and retirement benefits – Jurisdiction of the ECOWAS Court – Burden of proof in human rights claims – Enforcement of pension rights – Sale and liquidation of state assets – Procedural requirements for employment-related claims under African Charter Article 14.
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15 May 2019 |
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The ECOWAS Court held that the mass dismissal of soldiers without due process violated their rights to work and fair hearing.
Human rights – right to work – right to fair hearing – dismissal from military service – ECOWAS Court jurisdiction – exhaustion of local remedies – unlawful dismissal – damages – due process – enforcement of international treaties by member states.
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15 May 2019 |
| April 2019 |
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The court upheld the lawfulness of disciplinary proceedings against judges accused of corruption, finding no violation of their human rights.
Human rights – fair hearing – privacy – right to work – equality before the law – suspension of judges – secret recordings – whistleblower law – ECOWAS Court jurisdiction – res judicata – administrative justice – discrimination – privacy exceptions – public interest in crime prevention
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29 April 2019 |
| March 2019 |
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The ECOWAS Court lacks jurisdiction to enforce its own judgments or compel ECOWAS organs to sanction non-compliant member states at an individual's request.
ECOWAS law — enforcement of regional Court judgments — jurisdiction of ECOWAS Court to supervise or enforce its own judgments — locus standi of individuals to seek imposition of sanctions under Article 77 of ECOWAS Revised Treaty — proper parties — limits on access for non-human rights matters.
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12 March 2019 |
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A claimed exclusion from electoral participation due to a criminal conviction did not constitute a human rights violation under ECOWAS law.
Human rights – electoral law – right to political participation – exclusion from electoral roll – restrictions based on criminal conviction – admissibility and jurisdiction of ECOWAS Court – right to effective remedy – interpretation of national law in light of international human rights instruments.
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4 March 2019 |
