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Citation
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Judgment date
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| March 2022 |
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Revision dismissed: no new decisive fact, dependent compensation and discrimination claims premised on unproven ownership.
Revision of judgment – admissibility – discovery of new decisive fact – Title Deed non‑communication alleged – property rights and compensation claims dependent on proven ownership – revision not a rehearing of facts or law.
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22 March 2022 |
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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.
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21 March 2022 |
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The respondent violated the applicants’ right to peaceful assembly; the NGO applicant lacked standing to sue.
Human rights — Jurisdiction of Community Court over State responsibility for actions of sub-state organs; Admissibility — limits on legal persons (NGOs) suing as "individuals" for human rights violations and representative action; Freedom of assembly — lawfulness, necessity and proportionality of restrictions; Evidence — use of contemporaneous media reports to establish events; Reparations — award of moral damages; exemplary damages not appropriate under human-rights remedial scheme.
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21 March 2022 |
| 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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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 |
| 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 |
| 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 |
| 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 |
| 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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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 |
| 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 |
| 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 |
| 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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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 |
| 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 |
| 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 |
