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Citation
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Judgment date
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| October 2015 |
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ECOWAS Community Court of Justice lacks jurisdiction over election-related human rights claims primarily against individuals or non-State parties.
ECOWAS Court – jurisdiction – human rights – preliminary objection – admissibility – whether suit against individuals and non-State entities lies under human rights mandate – locus standi – mootness – electoral disputes – political party as claimant – identical factual circumstances post-election outcome.
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14 October 2015 |
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Applicants' claims of arbitrary detention and torture dismissed for insufficient evidence before ECOWAS Court.
Human rights – Arbitrary arrest and detention – Torture and inhuman or degrading treatment – Burden of proof – Insufficient evidence – ECOWAS Court jurisdiction – Reparation claims dismissed for lack of proof.
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7 October 2015 |
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The Court found Togo liable for arbitrarily arresting and detaining the applicants and harming their reputation, awarding monetary compensation.
Human rights – Arbitrary arrest and detention – Right to liberty and security – Damage to honor and reputation – Torture and inhuman treatment – Standard of proof for human rights violations – Compensation for unlawful detention – Responsibility of State for judicial dysfunction.
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6 October 2015 |
| July 2015 |
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The Court found that electoral law amendments excluding former regime supporters from candidacy violated internationally protected political participation rights.
International human rights – electoral law – right to participate in elections – non-discrimination – exclusion from candidacy based on political association – ECOWAS Court jurisdiction – urgent measures prior to imminent violation – interpretation of international obligations vs. domestic law.
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13 July 2015 |
| June 2015 |
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Where a valid settlement on voluntary retirement has been fulfilled, subsequent claims for alleged violations are inadmissible.
Human rights – voluntary retirement of public servants – ECOWAS Court jurisdiction – legal standing – effect of prior settlement – fulfillment of state obligations – costs
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30 June 2015 |
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An application for violation of employment rights was found inadmissible for lack of applicant identification and valid representation.
Human rights – ECOWAS Court procedure – admissibility – requirement for identification of applicants – standing and mandate of representatives – exhaustion of domestic remedies not a bar to ECOWAS Court jurisdiction – anonymous application inadmissible – lack of mandate to represent.
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30 June 2015 |
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The ECOWAS Court dismissed claims of violation of customary property rights in Bamako due to lack of evidence of ownership.
Human rights – right to property – customary land rights – standard of proof – equality before the law – requirement of administrative title for protection – ECOWAS Court jurisdiction – admissibility criteria not determined by national law – failure to prove right to property under international law.
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30 June 2015 |
| May 2015 |
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Summary dismissal of a police officer without a hearing constitutes a violation of the right to fair hearing under Article 7 ACHPR.
Human rights – Right to fair hearing – Dismissal from public service without due process – Article 7 of the African Charter – Remedy for denial of due process – State responsibility for violations by public officials – Employer liability for procedural injustice in dismissal.
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4 May 2015 |
| April 2015 |
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Arbitrary pre-trial detention and excessive procedural delays violate international human rights standards and entitle the victim to compensation.
Human Rights – Arbitrary detention – Pre-trial detention exceeding statutory limits without judicial authorization – Right to be heard within a reasonable time – Failure to justify prolonged detention – Moral and psychological harm – Compensation for human rights violations under international law.
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24 April 2015 |
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Mere disagreement with parliamentary procedure does not, without specific and proven violations, establish a human rights claim before the ECOWAS Court.
ECOWAS Court – Human rights – Parliamentary law – Legislative procedure – Composition of parliamentary bureau – Requirement to identify and prove violation of specific human rights – Jurisdictional limits of regional human rights court – Accelerated procedure, conditions for application.
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23 April 2015 |
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The applicant's arbitrary dismissal from public service violated his right to employment under international human rights law.
Administrative law – human rights – right to employment – dismissal of civil servant – disciplinary procedure – public service law – compliance with international human rights standards – remedies for wrongful termination – evaluation of moral damages.
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23 April 2015 |
| February 2014 |
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An NGO cannot bring individual human rights claims before the ECOWAS Court without being a victim or having victims’ authorization.
ECOWAS Court – locus standi – human rights litigation – NGOs – representation of specifically identified victims – requirement for express authorization – jurisdiction of the Court – public interest litigation – dismissal for lack of standing.
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13 February 2014 |
| December 2012 |
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Court finds Nigeria responsible for violating environmental rights in the Niger Delta, orders restoration and accountability measures.
Human Rights – Environment – Right to a general satisfactory environment – State obligation to prevent and remedy environmental degradation – Jurisdiction of ECOWAS Court to enforce ICCPR, ICESCR, and African Charter provisions – Locus standi of NGO in public interest litigation – Justiciability of socio-economic rights – Remedies for mass human rights violations.
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14 December 2012 |
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The ECOWAS Court declined to hear a human rights complaint already decided by a Nigerian court, applying the principle of res judicata.
Human rights – Res judicata – ECOWAS Court jurisdiction – Admissibility – Prior adjudication by domestic courts – Principle of finality and avoidance of duplicative judgments – Unlawful arrest, detention, and torture – African Charter on Human and Peoples’ Rights.
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14 December 2012 |
| June 2012 |
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An application for alleged human rights violations was held inadmissible where domestic courts had already decided the same issues.
Human rights – ECOWAS Court jurisdiction – res judicata – inadmissibility – prior adjudication by domestic court – application for same reliefs – no new claims or evidence of non-compliance.
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12 June 2012 |
| May 2012 |
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A Community citizen lacks standing to challenge an ECOWAS administrative act unless directly and personally affected by it.
Access to the ECOWAS Court – locus standi – Community citizen versus direct and immediate interest – administrative acts of Community institutions – reinstatement of official – requirements for standing under Article 10 of the Protocol – human rights jurisdiction – dismissal for lack of capacity and legal interest.
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16 May 2012 |
| March 2012 |
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23 March 2012 |
| January 2012 |
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24 January 2012 |
| July 2011 |
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8 July 2011 |
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8 July 2011 |
| March 2011 |
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18 March 2011 |
| February 2011 |
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8 February 2011 |
| June 2008 |
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The court found the respondent state's arrest and prolonged detention of the applicant without trial violated human rights and awarded compensation.
Human rights – arrest and detention – arbitrary detention – right to liberty and security of person – fair hearing – compensation – liability of state for violations of African Charter.
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5 June 2008 |
