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9 judgments
Citation
Judgment date
January 2026
ECOWAS Court found jurisdiction and admissibility to hear alleged unlawful arrest, torture and malicious prosecution by a Member State.
Jurisdiction – ECOWAS Court – Article 9(4) – allegation of human rights violation sufficient; Admissibility – Article 10(d) – not manifestly inadmissible; Alleged violations – unlawful arrest, torture, degrading treatment, malicious prosecution; Procedure – merits to be heard; costs reserved.
30 January 2026
The applicant proved disputed ownership, prompting the Court to strike property-finding portions of the prior judgment.
Third-party proceedings (Art.91 Rules) – Admissibility and time-limit – Jurisdiction to vary prior judgment – Ownership dispute of mobile turbine power stations – Human-rights protection versus private commercial dispute – Amendment/striking out of property-finding and reparations in earlier judgment.
30 January 2026
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
Court finds State liable for cruel, inhuman treatment and violation of child's physical integrity and health; awards CFA 50,000,000.
Human-rights jurisdiction — admissibility without exhaustion of local remedies; standing of a parent for minor child; distinction between torture and cruel, inhuman or degrading treatment; State liability for violations of physical integrity and right to health; reparations and assessment of damages.
7 July 2025
Default judgment denied relief where applicants failed to prove State responsibility for alleged militia abuses.
ECOWAS Court jurisdiction; admissibility of NGOs—legal personality; default judgment procedure; burden of proof in human-rights claims; insufficient evidence of State responsibility for militias; rights considered: physical integrity, security, freedom of movement, assembly.
7 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
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
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