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Citation
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Judgment date
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| February 2019 |
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Regulation of customs officers' eligibility and assembly rights upheld, with no violation of fair trial or denial of justice proven.
Human rights – public service – eligibility for public office – freedom of assembly and opinion – fair trial – denial of justice – competence of ECOWAS Court – disciplinary action against customs officer – review of national statutes for compatibility with international obligations.
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27 February 2019 |
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Failure to follow constitutional process and guarantee judicial impartiality in the removal and trial of a judge breaches fair trial rights.
Human rights – fair trial – judicial independence – due process for removal of judges – reasonable apprehension of bias – judicial recusal – right to access counsel – compensation for wrongful trial and imprisonment.
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27 February 2019 |
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ECOWAS Court affirmed state responsibility for mass killings in Benue, ordering investigation and protection, but denied personal claims.
Human Rights – Jurisdiction of ECOWAS Court – standing (locus standi) – actio popularis – Government’s duty to protect citizens – Mass killings and communal violence – State responsibility for failure to investigate and redress human rights abuses – Compensation and public interest litigation.
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26 February 2019 |
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Refusal to appoint applicants to public academic positions did not breach human rights as statutory requirements were not met.
Human rights – public service recruitment – employment status – admissibility of human rights complaints – reasonable duration of proceedings – exhaustion of local remedies not required – compliance with statutory requirements for public employment – no violation where national law observed.
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6 February 2019 |
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A corporate applicant’s claim for the release of frozen funds was dismissed as the right to property was not violated.
Property rights – Human rights enforcement – ECOWAS Court jurisdiction – Corporate personhood and locus standi – Freezing of funds pending investigation – Public interest exceptions to property rights – Procedural failures in investigations
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6 February 2019 |
| January 2019 |
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A corporate entity lacks standing to bring a human rights claim before the ECOWAS Court under Article 10(d) of the Supplementary Protocol.
ECOWAS Court – Access to court – Standing – Corporate entities – Human rights litigation – Article 10 Supplementary Protocol – Jurisdiction – Inadmissibility for lack of capacity
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24 January 2019 |
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The court dismissed the applicant's human rights claims for lack of adequate proof, finding no violations established.
Human rights – ECOWAS Court – admissibility of application – standard of proof – right to fair hearing – right to work – right to health – right to education – default judgment – failure to prove alleged violations – application dismissed.
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23 January 2019 |
| December 2018 |
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A claim for compensation for land expropriation over ninety years ago was dismissed as statute barred by the ECOWAS Court.
Human rights – right to property – limitation of actions – continuing violation exception – jurisdiction – ECOWAS Court – land expropriation – statute barred actions.
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11 December 2018 |
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ECOWAS Court affirms jurisdiction and finds state-imposed prior restraints on live political broadcasting violate freedom of expression.
Human rights – Freedom of expression – Prior restraint and censorship of live political broadcasts – Jurisdiction of ECOWAS Court – Permissible restrictions under international human rights law – Remedies for violation of free speech.
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11 December 2018 |
| July 2018 |
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The ECOWAS Court lacks jurisdiction to enforce national court judgments or act as an appellate body absent a genuine human rights violation.
Human rights – Right to fair hearing – Right to property – Jurisdiction of ECOWAS Court – Inadmissibility – National court judgment set aside – No jurisdiction to sit in appeal or enforce national court judgments – Legal standing of corporate applicant – Statute of limitations in continuous violation claims.
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4 July 2018 |
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A claim of human rights violations arising from an internal boundary dispute was found inadmissible as outside the court's jurisdiction.
Human rights – Jurisdiction – ECOWAS Community Court – Boundary disputes – Collective rights to existence and self-determination – Standing to sue in representative capacity – Admissibility of claims framed as human rights violations arising from internal boundary disputes.
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4 July 2018 |
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The Court held that the arbitrary demolition of property without due process violated the Applicants’ rights to property, dignity, and fair hearing.
Human rights – Right to property – Forced eviction and demolition without due process – Right to fair hearing and presumption of innocence – State liability for acts of agents – Duty to conduct effective investigation – ECOWAS Court jurisdiction – Inconsistency of domestic punitive laws with international human rights instruments.
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3 July 2018 |
| June 2018 |
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The court held the State liable for the unlawful killing of an individual by police, awarding compensation for violation of the right to life.
Human rights – right to life – state responsibility for acts of police officers – unlawful and arbitrary killing – duty to investigate use of lethal force – compensation for violation – right to education – standard of proof for violation of right to education.
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29 June 2018 |
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Conviction by a military tribunal without right of judicial appeal violated fair trial guarantees under the African Charter.
Human rights – fair trial – right of appeal – military tribunals – denial of effective judicial remedy – African Charter Article 7 – detention following conviction by special tribunal composed of non-judicial officers – no requirement for exhaustion of local remedies before ECOWAS Court – insufficient evidence for claims of inhuman treatment or denial of legal/family access.
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29 June 2018 |
| February 2018 |
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A landlord successfully recovered rent arrears from a tenant, but damages, interest, and legal fees were denied due to justified delay.
Landlord and tenant – Rent arrears – Withholding of rent due to third-party ownership dispute – Justification for non-payment – Dismissal of claims for damages, interest, and legal fees where delay not attributable to defendants' fault.
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14 February 2018 |
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The court held that The Gambia’s criminal laws on sedition, defamation and false news violated journalists’ rights to freedom of expression and liberty.
Human rights – Freedom of expression – Criminal defamation, sedition, false news laws – Arbitrary detention – Torture – International obligations – Enforceability of human rights standards by regional courts – State obligation to amend/repeal incompatible national laws – Damages for violations.
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13 February 2018 |
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Unlawful, prolonged seizure of a lawyer’s professional certificates by state agents violated rights to property, privacy, and fair hearing.
Human rights – right to property – right to privacy – right to fair hearing – seizure of professional certificates – due process – continuous violation – ECOWAS Court jurisdiction – statute of limitation – exhaustion of local remedies not required.
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13 February 2018 |
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A request for review of a judgment was dismissed as the applicants failed to present new, decisive facts not previously known.
Civil procedure – Review of judgment – Requirements for revision – New and decisive facts – Applicant's negligence – Contractual misrepresentation – Application dismissed.
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7 February 2018 |
| October 2017 |
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ECOWAS Court adopts consent settlement on remedies for Nigerian Civil War mine victims without an order as to costs.
Human rights – post-conflict remedies – landmine victims – settlement agreement – consent judgment – adoption by regional court.
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30 October 2017 |
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Arbitrary gender-based arrests and degrading treatment of women violated international human rights obligations, warranting damages against the state.
Human rights – gender-based discrimination – arbitrary arrest and detention – cruel, inhuman, and degrading treatment – failure to investigate and redress violations – women's rights – ECOWAS Court jurisdiction – statute of limitations.
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12 October 2017 |
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ECOWAS Court lacks jurisdiction where no evidence of discriminatory human rights violation from national electoral law amendments is shown.
Human rights – Political participation – Electoral law amendments – Jurisdiction of ECOWAS Court – Requirement for showing specific discrimination or human rights violation – Court not competent to adjudicate purely domestic electoral reforms absent evidence of targeted discrimination or rights infringement.
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10 October 2017 |
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State found liable for cadet’s drowning death during training; right to life violation established despite signed liability waiver.
Human rights – right to life – arbitrary deprivation of life – liability of state for acts and omissions of its agents – military training exercise – adequacy of safety measures – non-derogability of right to life – effect of consent/waiver in human rights litigation – state obligations to investigate, prosecute and provide redress for violations
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10 October 2017 |
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The court found the respondent liable for arbitrary detention, assault, and unlawful seizure of property by its officials at a border post.
Human rights – assault and inhuman treatment by state officials – arbitrary detention – seizure of travel documents – state responsibility – duty to investigate – compensation for violation of physical integrity and liberty under the African Charter on Human and Peoples’ Rights.
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10 October 2017 |
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A suit alleging environmental and human rights violations in oil-producing areas was dismissed for lack of credible evidence and standing.
Human rights – locus standi – representative action – environmental degradation – allocation of oil licenses – proof of rights violation – African Charter – ECOWAS Court jurisdiction – evidentiary burden in human rights claims
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10 October 2017 |
| January 2017 |
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ECOWAS Court held Mali liable for excessive judicial delays violating the applicant's right to a hearing within a reasonable time.
Human rights – Reasonable time – Right to a fair hearing – Delay in judicial proceedings – International jurisdiction – ECOWAS Court competence over due process and delays in member state courts – State liability for judicial delays.
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24 January 2017 |
| December 2016 |
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The ECOWAS Court lacks jurisdiction to enforce its own judgments; enforcement must proceed through national courts.
Community Court of Justice – ECOWAS – Enforcement of judgments – Competence – Whether ECOWAS Court can execute or oversee execution of its own judgments – Article 24 of Additional Protocol – Enforcement to be pursued before national courts.
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6 December 2016 |
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The ECOWAS Court reaffirmed it is not an appellate forum for reviewing national court decisions and dismissed allegations of fair trial violations.
Human rights – right to fair trial – right to political participation – jurisdiction of ECOWAS Court – not an appellate forum for national judgments – standard of proof for human rights violations.
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6 December 2016 |
| November 2016 |
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The ECOWAS Court held that Nigeria’s mandatory death penalty did not violate international human rights obligations absent specific evidence of rights violations.
Human rights – death penalty – right to life – international obligations – ECOWAS Court jurisdiction – mandatory death sentence – fair trial – separation of powers – collective suits.
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9 November 2016 |
| October 2016 |
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The court found the applicant's arrest and detention unlawful and awarded damages but dismissed claims of inhuman treatment.
Human rights – unlawful arrest and detention – inhuman and degrading treatment – right to property – standard of proof – compensation for breach of fundamental rights.
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12 October 2016 |
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The court found the Defendants liable for breach of contract, ordering payment of the unpaid sum with interest and costs.
Contract – breach of contract – non-payment for goods and services rendered – default judgment – uncontroverted evidence – liability for balance of contract price – contractual interest – claim for general damages refused.
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6 October 2016 |
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Executive detention after bail and unlawful search without warrant held to violate rights to liberty and property under international law.
Human rights – arbitrary arrest and detention – due process – rule of law – violation of court orders – unlawful search and seizure – right to liberty and property – separation of powers – compliance with international human rights obligations.
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4 October 2016 |
| July 2016 |
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Refusal to admit foreign counsel in military proceedings violated the applicant's right to freely choose legal representation.
Human rights – fair trial – right to freely choose legal counsel – military court proceedings – restriction of foreign lawyers – privacy and telephone surveillance – jurisdiction of regional human rights court – exhaustion of domestic remedies – compensation for procedural rights violation.
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1 July 2016 |
| June 2016 |
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Security forces’ arbitrary use of lethal force and failure to effectively investigate violated right to life, warranting compensation for victims.
Human rights law – right to life – extra-judicial killings by state agents – locus standi of NGOs and public interest litigation – appropriate party in regional human rights litigation – use of force by law enforcement – procedural duty to investigate killings – compensation for violations of human rights under the African Charter on Human and Peoples’ Rights and international standards.
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7 June 2016 |
| May 2016 |
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ECOWAS Court dismissed claims of human rights violations in airline liquidation, finding no evidence of breach under international law.
Human rights – ECOWAS Court jurisdiction – state responsibility for alleged violations of socio-economic rights following liquidation of state-owned company – adequacy of compensation for severance and terminal benefits – distinction between labor disputes and human rights violations – evidence required for finding of human rights breach – state as sole respondent in human rights cases.
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19 May 2016 |
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The ECOWAS Court cannot supervise or enforce its own judgments once a final decision on the merits has been rendered.
Regional Court – ECOWAS Court – Jurisdiction – Competence to supervise enforcement of judgments – Exhaustion of jurisdiction after final decision – Human rights – Right to liberty and effective remedy – Non-execution of regional court judgments.
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17 May 2016 |
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The Court held Mali liable for failing to protect citizens and ensure a fair trial, awarding damages for rights violations.
Human rights – State obligation to protect – Right to life and physical integrity – Failure to ensure security during political crisis – Judicial dysfunction – Right to effective remedy – Fair trial – ECOWAS Court jurisdiction over human rights violations by member states – Damages and compensation.
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17 May 2016 |
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The ECOWAS Court lacks jurisdiction over contractual disputes not amounting to human rights violations.
ECOWAS Court jurisdiction – limitation to human rights violations – contractual/banking disputes – inapplicability where no express human rights violation is claimed – distinction between economic loss and rights violation.
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17 May 2016 |
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The ECOWAS Court of Justice lacks jurisdiction over purely contractual disputes not involving specific human rights violations.
Jurisdiction – Human rights – ECOWAS Court of Justice – Contractual disputes – Economic loss – Absence of specific human rights violation – Competence of the Court – Article 10 of 2005 Protocol.
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17 May 2016 |
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Excluding women from land inheritance due to custom constitutes sex-based discrimination under international human rights law, warranting redress.
Human rights – discrimination based on sex – exclusion of women from inheritance – review of national judicial decisions by regional human rights court – right to equality before the law – right to property.
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17 May 2016 |
| April 2016 |
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The court found the State responsible for arbitrary detention and torture, ordering substantial compensation for human rights violations.
Human rights – arbitrary arrest and detention – torture and cruel, inhuman or degrading treatment – State responsibility for acts of agents – right to compensation – ECOWAS Court jurisdiction – procedural admissibility.
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20 April 2016 |
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The court found Togo liable for failing to regularize a teacher’s position, violating her right to equal treatment in public service.
Human rights – civil service – equality of treatment – non-regularization after probation – public administration liability – discrimination – damages – ECOWAS Court jurisdiction – Togo.
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20 April 2016 |
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A state’s failure to secure the release or provide diplomatic protection to its consular officer abroad does not violate recognized human rights.
Diplomatic immunity – Vienna Convention on Diplomatic Relations – consular versus diplomatic status – right to diplomatic protection – limitations of consular immunity – human rights jurisdiction of ECOWAS Court – whether failure to provide consular protection amounts to human rights violation – distinction between state prerogative and individual right.
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18 April 2016 |
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ECOWAS Court found Burkina Faso violated the applicant’s right to freely choose his legal counsel but declined to award damages.
Human rights – right to free choice of counsel – fair trial – jurisdiction of ECOWAS Court – parallel domestic proceedings – international law supremacy – privacy and fair trial standards – inadmissibility in absence of evidence of concrete harm – legal representation before military tribunals – compensation for rights violations.
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1 April 2016 |
| February 2016 |
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The parties’ amicable settlement resulted in the case being struck off the roll, with each bearing its own costs.
Human rights – amicable settlement – property rights – arbitrary detention – honour and dignity – amicable agreement resulting in withdrawal of claims – costs – Article 72 ECOWAS Court Rules – striking off the roll
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16 February 2016 |
| December 2015 |
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Court dismisses application for revision for lack of new, decisive facts and reiterates that only States can be sued for human rights violations.
ECOWAS Court—Revision of judgment under Article 25 of Protocol—Application for review—Requirement for new, decisive facts unknown at original judgment—No appeals from ECOWAS Court—Human rights jurisdiction limited to claims against States—Misjoinder of non-State respondents—Costs order.
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2 December 2015 |
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Claim of judicial impartiality violation rejected for lack of proof; requests for compensation and intervention dismissed, with costs levied against applicants.
Human rights – right to a fair trial – right to an impartial tribunal – judicial procedure – recusal of judges – application of international and national standards of impartiality – admissibility and merits of recusal-related claims – costs.
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1 December 2015 |
| November 2015 |
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ECOWAS Court affirms jurisdiction in human rights cases but refuses to act as court of appeal over domestic decisions absent proven rights violations.
ECOWAS Court – Human rights jurisdiction – exhaustion of local remedies – competence over cases where domestic appeals are pending or decided – standing of proper defendants – review of domestic court decisions – fair trial, right to life and liberty – due process – costs.
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30 November 2015 |
| October 2015 |
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Individuals or political parties lack standing to bring ECOWAS breach claims; only member states or the ECOWAS Commission can do so.
Regional law – ECOWAS Protocol on Democracy and Good Governance – Locus standi – Only member states or ECOWAS Commission can bring breach actions – Refusal of standing to individuals or political parties – Application declared inadmissible for want of standing.
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23 October 2015 |
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The applicant's detention was found to be arbitrary following exoneration, entitling him to compensation for the violation of human rights.
Human rights – arbitrary detention – effect of subsequent exoneration – judicial independence – political interventions – compensation for unlawful detention – jurisdiction of ECOWAS Court to review state conduct for compatibility with human rights instruments.
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23 October 2015 |
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The court held that state-imposed amnesty cannot preclude victims' right to justice and compensation for political assassination.
Human rights – right to access to justice – effect of amnesty laws – right to life – state obligation in protection against political assassinations – reparations for violations of international human rights – ECOWAS Court jurisdiction – limits to review of national jurisprudence.
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23 October 2015 |
