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24 judgments
Citation
Judgment date
December 2025
Provisional measures denied; Court has jurisdiction under Articles 9(1)(f) and (g); admissible except African Charter claims.
Administrative law — Provisional measures: prima facie case, urgency, irreparable harm; Expedited procedure — exceptional and requires irreparable prejudice; Jurisdiction — Article 9(1)(f) and (g) applicable to disputes between Community and officials and actions for damages; Admissibility — exhaustion of internal remedies inapplicable where remedies unavailable to statutory Commissioners; African Charter claims inadmissible against ECOWAS institutions.
10 December 2025
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
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
Prosecutorial disclosures and procedural delays breached the applicant's presumption of innocence, timely-trial rights and caused arbitrary detention.
Human rights — presumption of innocence — prosecutorial public statements — right to be tried within reasonable time — statutory review deadlines (Art. 294, 300 CCP) — arbitrary detention — reparation and systemic measures — ECOWAS Court jurisdiction.
16 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
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
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
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
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
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
Court found no proven violation of reproductive rights due to insufficient evidence and limited jurisdiction to review domestic abortion laws in abstract.
Jurisdiction and admissibility — preliminary objection procedure — limits on abstract review of domestic laws — right to health and reproductive rights under African Charter and Maputo Protocol — requirement of minimum evidentiary showing for allegations of rape, pregnancy causation and denial of health services — unsuccessful claim for reparations.
4 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
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
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
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
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
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
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