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49 judgments
Citation
Judgment date
January 2026
The Court found jurisdiction and admitted the applicant's claim of unlawful arrest, torture, detention and malicious prosecution.
Human rights jurisdiction – Article 9(4) Protocol A/Pl/7/91 (as amended) – Allegations of unlawful arrest, torture and degrading treatment – Admissibility – Criminal proceedings do not automatically oust human rights jurisdiction – ECOWAS Community Court case-law.
30 January 2026
Court finds no torture but a violation of the Applicant's right to physical integrity; awards CFA 10,000,000 and costs.
Human rights jurisdiction; admissibility (no requirement to exhaust domestic remedies); victim status; prohibition of torture vs. injury in crowd-control context; right to physical integrity (ACHPR Article 4); reparations and costs.
29 January 2026
Court dismissed torture claim but found State liable for violation of applicant's physical integrity and awarded damages.
Human rights jurisdiction — admissibility (no exhaustion requirement) — victim status — distinction between torture/cruel treatment and unlawful use of force — violation of physical integrity — compensation awarded.
26 January 2026
November 2025
Requirement that military personnel resign before ECOWAS permanent conversion lawful; applicant's salary suspension for assuming ministerial office justified.
Public international/Employment law – ECOWAS public service – jurisdiction under Article 9(1)(f) – admissibility and exhaustion of internal remedies when procedures non-operational – conversion of contract staff to permanent status – military status and exclusive loyalty – non-binding nature of Council recommendations – salary suspension for constructive abandonment and breach of exclusivity.
19 November 2025
The respondent's failure to reconstitute its NHRC governing council violated the applicant's right to a timely fair hearing.
Human rights — Right to a fair hearing within a reasonable time (Article 7(1)(d), African Charter) — Applicability to quasi-judicial bodies (NHRC) — State responsibility for institutional inaction — Jurisdiction and admissibility of human-rights applications — Reparations: general damages and orders to ensure determination.
17 November 2025
Applicants' human‑rights claims dismissed: alleged violations predate ECOWAS Court's temporal jurisdiction.
Human rights jurisdiction — temporal jurisdiction — non‑retroactivity of treaties — continuing violations doctrine — Articles on State Responsibility (Article 14) — ECOWAS Court mandate from 19 January 2005.
10 November 2025
Whether prolonged detention under a mandatory death sentence and lack of medical care violate rights to freedom from torture and health.
Human rights — Death penalty — Mandatory death sentence and method (hanging) — prolonged detention on death row as torture/cruel, inhuman or degrading treatment — Right to health of prisoners — ECOWAS Court jurisdiction and reparations (commutation/release, medical care, compensation).
10 November 2025
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
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
May 2025
Prolonged pretrial detention violated rights to liberty, movement, fair trial and amounted to inhuman treatment; release and compensation ordered.
Human rights — Jurisdiction of ECOWAS Community Court — Admissibility — Limitation period inapplicable to human rights claims — Arbitrary arrest and prolonged pretrial detention — Rights to liberty, freedom of movement, fair trial within reasonable time — Cruel, inhuman or degrading treatment — Reparations: release and compensation.
15 May 2025
Unlawful internet and social media shutdowns violated applicants' rights to freedom of expression, information and to work.
Human rights — internet and social media shutdowns — legality, necessity and proportionality — freedom of expression and access to information (Art 19 ICCPR; Art 9 African Charter) — standing of juristic persons for expression claims — right to work (Art 6 ICESCR; Art 15 African Charter) — reparations — ECOWAS/UEMOA regulatory instruments not human-rights instruments for jurisdictional purposes.
14 May 2025
Court dismissed abstract challenge to alleged vagrancy laws for lack of identifiable victims and therefore no jurisdiction.
Jurisdiction – Article 9(4) ECOWAS Court Protocol – requirement of real and identifiable victims – no jurisdiction for abstract review of domestic vagrancy laws absent concrete instances of rights violations.
14 May 2025
Respondent held liable for arbitrary arrest and property violation; dignity/torture claim unproven; USD 20,000 awarded.
Human rights — ECOWAS Court jurisdiction — Default judgment under Rule 90 — Arbitrary arrest and detention (Article 6 ACHPR) — Right to property seizure (Article 14 ACHPR) — Dignity/torture claim unproven — Reparation and costs.
13 May 2025
Court dismissed human-rights claim of intellectual-property theft, finding IP and criminal aspects outside its competence.
Human rights — Right to property (Article 14 ACHPR) — Intellectual property rights and registration — Distinction between deprivation/control (human-rights breach) and allegations of theft/passing-off (criminal/domestic IP matters) — ICCPR Article 26 (equality) — Jurisdictional limits: Berne Convention and WIPO Copyright Treaty outside ECOWAS Court competence — Admissibility — Costs: parties bear own costs.
12 May 2025
Court finds respondent unlawfully prevented applicant leaving Senegal, violating freedom of movement, and awards compensation.
Human rights — Freedom of movement — Article 12(2) African Charter — Evidence and burden of proof — Arbitrary administrative restrictions — Reparations and costs.
9 May 2025
April 2025
Whether successive prosecutions violated the applicant's non bis in idem and right of defence; court found no violation.
Human rights — Fair trial — Non bis in idem (res judicata) — Distinct facts and successive prosecutions — Right of defence — Accused's presence required; counsel cannot always plead in absence — Damages — Burden to prove actual loss — Counterclaim for abusive proceedings dismissed.
12 April 2025
Court admits only freedom of expression claims; strikes down vague blasphemy laws and orders repeal/amendment as incompatible with international law.
Human rights – Jurisdiction – actio popularis – admissibility of freedom of expression claims; Freedom of expression – limits must be lawful, legitimate and necessary – vagueness defeats legality; Blasphemy laws – death penalty disproportionate; State responsibility for laws of federating units.
9 April 2025
March 2025
State liable for failing to investigate sexual violence; awarded compensation and ordered preventive and victim-support measures.
Human rights — ECOWAS Court jurisdiction and admissibility — State due diligence to investigate sexual violence — Preservation of medical and police evidence — Right to effective remedy — Sexual violence as inhuman/cruel treatment — Reparations and victim support obligations.
20 March 2025
Claims of statutory discrimination over land were declared moot after 2022 land laws repealed the impugned statute; damages denied.
Human rights — land rights — alleged statutory discrimination against an ethnic community — Provinces Land Act (Cap.122) — National Land Commission Act 2022 and Customary Land Rights Act 2022 repeal and reform — admissibility and default judgment — reparations refused for lack of evidential proof.
17 March 2025
Court: failure to create a sixth state does not, by itself, violate equality or development rights; foreign NGO struck off.
Human rights — actio popularis — standing of NGOs in public interest actions — limits of Court’s remit over internal territorial organization — Article 19 (peoples’ equality), Article 22 (right to development) African Charter; Article 26 ICCPR — margin of appreciation in creating subnational units.
17 March 2025
February 2025
Applicants lacked standing to sue on behalf of the deceased absent proof of relationship or legal mandate.
Human rights jurisdiction — continuing state obligations — temporal jurisdiction; admissibility — victim status/standing under Article 10(d); not an invitation to exercise appellate jurisdiction over domestic courts; Article 9(3) limitation inapplicable to human rights cases.
28 February 2025
Failure to appeal to the Council of Ministers rendered the applicant's claim inadmissible.
ECOWAS Court jurisdiction — disputes between Community and officials; admissibility — mandatory exhaustion of internal remedies; Article 73(a) Staff Regulations — appeal to Council of Ministers required despite "may"; retired staff count as officials for Court access; dismissal for failure to exhaust remedies.
28 February 2025
State agents' use of lethal force and the State's inadequate investigation violated the victim's rights to life and fair hearing.
Human rights — Right to life (Article 4 African Charter) — State responsibility for lethal actions of security forces — Duty to conduct prompt, effective investigation and provide remedies — Right to fair hearing (Article 7) — Proof of victim status and admissibility.
28 February 2025
An application framed as a human-rights claim cannot compel the ECOWAS Court to review or set aside national court decisions.
ECOWAS Court jurisdiction – human rights – right to property – limits of jurisdiction – application as disguised appeal against national court decisions – inadmissibility for lack of competence – costs awarded to respondent.
14 February 2025
Court found jurisdiction but dismissed NGO’s public interest suit for inadmissibility due to failure to identify envisagable victims.
Human rights — jurisdiction under Supplementary Protocol Article 9(4) — admissibility of public interest litigation — NGO locus standi — actio popularis — requirement to envisage victim class — Dasin Hausa Dam flooding allegations.
14 February 2025
Court finds ECOWAS sanctions lawful, rejects damages claim and dismisses application as unfounded.
Community law – jurisdiction under Art.9(1)(g) for damages claims against Community institutions; admissibility and default judgment; sanctions and measures under Art.77(3) Revised Treaty and Democracy and Good Governance Protocol; legality vs arbitrariness of ECOWAS measures; no liability for lawful acts of the Community; limits of Art.9(4) human-rights jurisdiction.
14 February 2025
Court found jurisdiction and admissibility but dismissed claims for lack of evidence linking state agents to violations.
Human rights — Court jurisdiction over alleged violations in Member States; admissibility; limits on adjudicating purely national constitutional claims; state responsibility requires attribution of acts to the State; insufficient evidence dismisses claims for violations of ACHPR Articles 3, 6, 12(1), 14 and 21.
13 February 2025
December 2024
Prolonged unresolved criminal investigations violated the applicant's right to work; media publications by private actors were not attributable to the State.
Jurisdiction — Admissibility — Default judgment formalities — State responsibility and attribution — Media publications and presumption of innocence — Interdiction pending investigation — Prolonged investigations and violation of right to work — Reparations and procedural remedies.
3 December 2024
November 2024
Default judgment refused where applicant failed to verify identity and produce sufficiently probative evidence of torture.
Human rights – Alleged torture and cruel, inhuman or degrading treatment by state security agents – Default judgment – jurisdiction and admissibility – service and formalities – evidentiary requirements; identity verification and probative value of photos and affidavits – burden to satisfy Court despite respondent's default.
14 November 2024
Maintenance and enforcement of vague loitering laws violate rights to non-discrimination, equality, and freedom of movement.
Human rights — Vagrancy/loitering laws — Vagueness and overbroad discretion — Discriminatory impact on poor and vulnerable groups — Violation of Articles 2, 3(1) and 12(1) of the African Charter — State obligation under Article 1 to amend or repeal incompatible laws — Public interest standing — Exhaustion of local remedies not required for admissibility.
7 November 2024
Court finds jurisdiction and admissibility for a human-rights challenge to continued death-row detention; NGOs lacked standing.
Human-rights jurisdiction (Art.9(4) Protocol) – Limitations not applicable to human-rights claims (Art.9(3)) – Admissibility of challenges arising from national judicial decisions – Distinction between reviewing national judgments and assessing state responsibility for human-rights violations – Locus standi of NGOs to sue on behalf of individuals.
7 November 2024
October 2024
Court lacked temporal jurisdiction over 1990 massacre claims; limitation inapplicable but non‑retroactivity barred adjudication.
Human-rights jurisdiction – Ratione temporis – Non‑retroactivity of the 2005 Supplementary Protocol (critical date 19 Jan 2005) – Statute of limitations inapplicable to human-rights enforcement – Continuing-violation doctrine – Duty to investigate as ancillary to substantive right.
17 October 2024
The respondent violated two applicants' right to security; court orders $15,000 each, investigation and measures to prevent excessive force.
Human rights — Use of force by law enforcement — Right to security of person — Admissibility and standing of heirs — Default judgment for State non‑appearance — Duty to investigate and prosecute — Compensation awarded.
14 October 2024
June 2024
Court had jurisdiction but dismissed the applicants' property claim for lack of locus standi; costs awarded.
Human rights jurisdiction – Article 9(4) Supplementary Protocol – locus standi – right to property under ACHPR – admissibility requirements under Article 10(d) – banking/consumer dispute versus human rights claim – burden of proof of ownership.
6 June 2024
Whether delay in issuing land title and alleged failure to protect property violated applicants' right to property.
Human rights — Property rights (Article 14 African Charter) — Tribal Land Certificates vs. formal title under Liberian Public Lands Law — Presidential signature required for vesting title — Corporate applicant capacity (limited exception) — State positive obligation to protect property and attribution of private actors' conduct — Burden to show notice and failure to act by authorities.
6 June 2024
The Court lacks competence to enforce its own judgments; enforcement follows the writ procedure and lies with national and Community authorities.
Enforcement of Community Court judgments — Competence to enforce judgments — Article 24 Supplementary Protocol (2005) — Writ of execution issued by Chief Registrar — Locus standi and sanctions under Supplementary Act on Sanctions — Prior jurisprudence on enforcement jurisdiction.
6 June 2024
Domestic military immunity cannot oust ECOWAS Court jurisdiction; exhaustion of local remedies is not required.
Human rights – Right to life (Article 4 African Charter) – Jurisdiction of ECOWAS Community Court – Domestic immunity (Armed Forces Act s.239) cannot oust international jurisdiction – Pacta sunt servanda – Non‑exhaustion of local remedies not a bar to access.
6 June 2024
February 2024
State liable for indiscriminate police shooting; violations of security, torture and failure to provide effective remedy.
Human rights — Use of force by law enforcement — Right to security of the person (African Charter Art.6; ICCPR Art.9) — Torture and inhuman treatment (African Charter Art.5; ICCPR Art.7; CAT Art.1) — State obligation to investigate and provide effective remedies — Reparations and preventive measures (training, prosecution, medical costs).
28 February 2024
March 2022
Court dismissed challenge to a draft Hate Speech Bill for failure to prove an imminent violation of freedom of expression.
Freedom of expression – Anticipatory human rights violations – Jurisdiction to review legislative process – Burden of proof and need for certified copy of draft bill/Hansard – Proportionality of restrictions under Article 27(2) African Charter.
29 March 2022
Applicants challenging a draft hate‑speech bill failed to prove imminent violations; court dismissed their claims and denied relief.
Human rights — Freedom of expression — Anticipatory/injunctive claims against draft legislation — Jurisdiction and admissibility — Burden and standard of proof — Need for certified copy of the bill/Hansard to show reasonable and convincing indices of imminent violation.
29 March 2022
Unreasonable prosecutorial delay violated the applicant’s right to a fair hearing; other human-rights claims dismissed.
Human rights — fair trial — unreasonable length of criminal proceedings — State responsibility for omissions — remedy and investigation obligations — discrimination test (comparators) — damages for procedural delay.
23 March 2022
State violated detainee’s right to life and failed to investigate death in custody; compensation ordered.
Human rights — Deaths in custody — Right to life (Article 4 African Charter) — State’s duty to provide plausible explanation and to conduct prompt, effective and impartial investigation — Delayed autopsy — Torture allegation — Presumption of innocence — Admissibility despite parallel African Commission proceedings.
21 March 2022
February 2022
The ECOWAS Court rejected claims of denial of fair hearing in Nigerian electoral appeal, finding no proven human rights violation.
Human rights – Right to fair hearing – Alleged judicial impropriety in electoral matters – Jurisdiction of ECOWAS Court in reviewing domestic court conduct for human rights violations – Threshold for establishing violation – Independence of judiciary – Admissibility requirements.
17 February 2022
The Court struck out an ECOWAS staff member’s employment dispute for failure to exhaust internal remedies before applying.
Administrative law – employment disputes – ECOWAS staff – exhaustion of internal remedies – time limitation – jurisdiction – premature application where internal review not completed.
17 February 2022
October 2021
No violation found where applicant failed to prove denial of fair hearing or effective judicial remedy due to judicial delay.
Human rights – fair hearing – right to trial within reasonable time – effective judicial remedy – burden of proof – admissibility – jurisdiction – judicial delay – appellate procedures – ECOWAS Court not an appellate forum for national courts' decisions unless proven human rights violations.
27 October 2021
Imposition of high nomination fees by political parties is not a state violation of the right to political participation under Article 13.
Human rights – political participation – nomination fees for elective office – domestic electoral law – ECOWAS Court jurisdiction – margin of appreciation – no violation of Article 13 African Charter on Human and Peoples’ Rights by State where fees are set by political parties under national law.
27 October 2021
July 2021
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
9 July 2021
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.
7 July 2021