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87 judgments
Citation
Judgment date
January 2026
The third-party opponent successfully proved the prior judgment prejudiced its property rights; ownership findings were struck out.
Third-party proceedings (Art.91 Rules) – Admissibility – Prejudice to non-party rights – Ownership dispute over commercial assets – Limits of Court’s human-rights adjudication where private property title is contested – Amendment/striking of prior judgment – Costs: each party bears own costs.
30 January 2026
Court finds dismissals unlawful for breach of ECOWAS Staff Regulations and awards arrears and compensation.
Public service jurisdiction; ECOWAS Staff Regulations (Articles 67, 69, 73, 92-95); right to fair hearing; procedural due process in disciplinary proceedings; unlawful dismissal; remedies—reinstatement or salary in lieu, arrears, moral damages; costs.
30 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
Whether a revision is admissible absent newly discovered decisive facts unknown at the time of the judgment.
Revision of judgment – Article 25 Protocol and Articles 92–93 Rules – admissibility requires discovery of new decisive facts unknown to Court and party – three‑month rule – not an appellate route to challenge evidential assessment or merits (MOU dispute) – jurisdiction affirmed but application inadmissible.
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
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
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
Court found arbitrary detention of named applicants, dismissed plebiscite and self-determination claims, awarded limited compensation.
Human rights jurisdiction – limits on review of historical plebiscites and trusteeships; review of domestic laws only in context of alleged continuing human-rights violations; standing of NGOs requires proof of legal personality; arbitrary detention – failure to bring detainees before court within prescribed time; reparations – modest compensation and conditional release/prosecution.
16 May 2025
The ECOWAS Court lacks jurisdiction to hear contractual claims by a private party against a Member State.
Jurisdiction — ECOWAS Court — limits of Article 9 Supplementary Protocol — no jurisdiction over contractual disputes between Member States and third parties — admissible preliminary objection of lack of jurisdiction — costs awarded to respondent.
15 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
Whether internal remedies were exhausted and whether recruitment breached fairness and geographic distribution rules.
Administrative law — ECOWAS staff disputes — Jurisdiction under Article 9(1)(f) — Admissibility and exhaustion of internal remedies — Recruitment and appointment — Primary criterion of technical efficiency; geographical distribution ancillary — Burden of proof in discrimination claims — Protection against denigration under Staff Regulations.
13 May 2025
Court found jurisdiction but dismissed the claim because applicants failed to prove locus standi or legal personality.
Human rights — jurisdiction under Article 9(4) of the Protocol — admissibility under Article 10(d) — locus standi — direct and indirect victims — proof of relationship — legal personality of an Estate — failure to produce birth certificate or probate/Letters of Administration — dismissal for inadmissibility.
13 May 2025
Applicant failed to prove alleged discrimination under Article 2; Court had jurisdiction but dismissed the claim for lack of evidence.
Human rights — Non-discrimination — Article 2 African Charter — burden of proof — necessity to identify and prove third‑party interactions — jurisdiction of ECOWAS Court — institutions versus Member States — admissibility of human‑rights application.
8 May 2025
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
The respondent violated the applicant's right against inhuman treatment and to a timely investigation; damages and investigations ordered.
Human rights jurisdiction – Admissibility – Victim status; Evidence and burden of proof – Medical certificate and contemporaneous press reports; Prohibition of torture and inhuman or degrading treatment (Article 5 African Charter); Right to be tried/rights to a hearing within reasonable time (Article 7 African Charter) – undue delay of 14+ years; State responsibility for acts of law enforcement agents; Remedies – damages, investigation and compliance reporting; Costs ordered against State.
9 April 2025
Applicant failed to prove Cabo Verde denied access to essential medicine; Court found no violation of the right to health.
Human rights — Right to health — Access to essential medicines — State obligations to respect, protect and fulfill health rights — Burden of proof — Jurisdiction and admissibility of individual applications under ECOWAS Court jurisdiction.
7 April 2025
March 2025
Respondent liable for arbitrary detention, degrading treatment, media-driven breach of presumption of innocence; investigation and CFA 30,000,000 awarded.
Human rights — Jurisdiction and admissibility of default judgment — Arbitrary arrest and detention — Inhuman and degrading treatment in custody — Presumption of innocence violated by public media exposure — Right to privacy, honour and reputation — Reparations and costs.
17 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
Applicants’ arrests and forcible home entries violated privacy, liberty, assembly, expression and fair‑trial rights; damages awarded.
Human rights – unlawful entry into private homes; arbitrary arrest and detention; infringement of freedom of assembly, demonstration and expression; violation of right to counsel and fair trial; remedies and damages (5,000,000 CFA per applicant); costs awarded against State.
17 March 2025
ECOWAS Court finds fair‑trial violations (unreasonable delay and denial of defence), awards modest damages and orders costs against the State.
Human rights — jurisdiction — admissibility — expedited procedure — fair trial: presumption of innocence; right to be tried within reasonable time; right of defence (access to counsel and file) — arbitrary detention — torture and inhuman or degrading treatment — compensation and costs.
14 March 2025
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
Representative applicant’s failure to produce mandate rendered EndSARS-related human-rights application inadmissible despite Court’s jurisdiction.
Human rights — Jurisdiction to hear alleged violations of freedom of expression and assembly; Admissibility — victim status and standing; Representative actions — requirement of mandate/authorization for actions on behalf of determinable victims; Failure to produce authorization renders representative application inadmissible.
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
January 2025
Court found jurisdiction but dismissed application as inadmissible for lack of proper locus standi and mandate.
Human rights jurisdiction — ECOWAS Court jurisdiction over alleged rights violations from domestic law application; admissibility — Article 10(d) Supplementary Protocol; actio popularis; corporate standing for freedom of expression claims; representative actions require mandate; broadcasting regulation v. freedom of expression.
27 January 2025
December 2024
Court found respondent liable for torture by police, awarded compensation, and rejected statute-bar and sub-judice objections.
Human rights — Jurisdiction of ECOWAS Court over individual complaints — Statute of limitations inapplicable to individual human rights claims — Sub-judice and appellate objections — Torture and ill-treatment in custody (Article 5 African Charter) — Presumption of state responsibility for injuries in detention — Duty to investigate and prosecute — Reparations (compensation and remedial orders).
3 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
Court granted default judgment, found re‑arrest and detention after charge withdrawal arbitrary, awarded US$10,000 in damages.
Human rights — Default judgment — Jurisdiction and admissibility — Lawful detention versus arbitrariness — State responsibility for agents’ acts — Requirement to inform arrested person of reasons — Remedies: compensation awarded for arbitrary re‑arrest and detention.
22 November 2024
22 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
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
July 2024
10 July 2024
Applicant’s fair-trial and property claims dismissed for lack of evidence and absence of ownership.
Human rights jurisdiction; fair trial — public hearing and equality of arms in administrative proceedings; impartiality and burden of proof for bias; legal certainty and revision of judgments; right to property — ownership by final concession; remedies and costs.
10 July 2024
Whether a Community institution lawfully summarily dismissed a staff member and suspended salary pending appeal.
ECOWAS Staff Regulations – Article 69 (disciplinary procedure) – requirement of specific notice, disclosure and adequate time to prepare defence – summary dismissal; Article 73(b) – suspension of sanctions pending appeal (includes cessation of salary); jurisdiction of Court over Community staff disputes; remedies: unlawful dismissal entitles to back pay and compensation in lieu of reinstatement; costs determination.
10 July 2024
Court found jurisdiction and admissibility but dismissed gas-flaring human-rights claims for lack of proof; nominal costs awarded.
Environmental human-rights jurisdiction — actio popularis and NGO standing — admissibility and pendency — evidentiary burden to prove causation and actual harm — state measures on gas flaring — dismissal for lack of proof; nominal costs awarded.
4 July 2024
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
Court competent to interpret its judgments but cannot order national courts to enforce them; interpretation request inadmissible for lack of specificity.
Public international court — Interpretation of judgments — Article 23 competence to construe meaning or scope — Enforcement of ECOWAS Court judgments lies with Member States/national competent authorities — Admissibility of interpretation requests requires specification of operative provisions, words or passages to be clarified — Expedited procedure and default judgment subject to jurisdiction and admissibility checks.
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
May 2024
ECOWAS Court declines jurisdiction for pre‑2005 killings and dismisses NGO's suit for lack of standing.
Human-rights jurisdiction — temporal scope of 2005 Additional Protocol — non‑retroactivity; actio popularis and NGO standing — representative mandate or family authorisation required where victims are identifiable; admissibility — locus standi; right to life and freedom of expression (journalists).
30 May 2024
Revision based on alleged undisclosed criminal charges inadmissible due to applicants' negligence.
Revision of judgment – Article 25 Protocol and Articles 92–93 Rules – discovery of new facts – timeliness – ignorance not due to negligence – public records and media disclosure – reporting obligations under Staff Regulations inapplicable post-termination.
30 May 2024
January 2024
Applicant’s employment claims dismissed as statute‑barred; domestic human rights claims cannot be brought against an ECOWAS Institution.
Administrative law – Staff regulations – summary dismissal – fair hearing – statute of limitations under Article 9(3) of the Supplementary Protocol – human rights claims against international/community institutions – only States as proper defendants.
30 January 2024
November 2023
ECOWAS Court held Nigeria's age, accreditation and training requirements in Press Act violate Article 9, ordered legislative amendment.
Freedom of expression — compulsory accreditation, age and education requirements in Press Council Act — online and citizen journalism — Article 9 African Charter — legitimacy and necessity tests for restrictions on expression — jurisdiction of ECOWAS Court to examine specific domestic law provisions — arrest/detention standards under Article 6.
24 November 2023
October 2023
Whether an unjustified internet shutdown and social-media blocking violated NGOs' rights to information and freedom of expression.
Human rights — Freedom of expression and right to information — Internet shutdowns and social media blocking — Default judgment for non-appearance — Standing of NGOs/legal persons to sue — Damages rejected for lack of quantification — State obligation to enact safeguards.
31 October 2023
March 2022
Whether a ministerial ban on political demonstrations unlawfully violated collective freedoms of assembly and expression.
Human rights — Freedom of assembly and expression — Ministerial ban on political demonstrations — NGOs’ standing — actio popularis — admissibility and locus standi — necessity, proportionality and specificity of security justification — repeal and collective reparative measures.
31 March 2022
Court finds an indefinite ban on political demonstrations violated Senegalese people's rights to assembly and expression; Order repealed.
Human rights jurisdiction; admissibility of NGOs’ representative actions; standing of legal persons; review of national administrative orders; rights to freedom of assembly and expression; limits on broad indefinite bans on political demonstrations; reparations and repeal of unlawful measures.
31 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
Court affirmed human-rights jurisdiction but dismissed NGO-led representative suit for lack of mandate; costs shared.
Human-rights jurisdiction under Article 9(4) – Court may examine domestic judgments where human-rights violations are alleged – Time limitation: human-rights actions not statute-barred (French text) – Representative actions: NGO requires mandate/authorization from direct victims – Admissibility and locus standi – Death-row conditions, right to fair trial, prohibition against torture.
29 March 2022
An NGO’s representative human-rights application for living inmates is inadmissible without a mandate to act.
Human rights jurisdiction – Standing and admissibility – Representative actions by NGOs – Mandate/authorization required to act for living victims – Exceptions for death or public-interest litigation – Death-row conditions alleged as torture under Articles 5 and 7 of the 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