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40 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 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
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 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
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
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
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
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
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
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
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
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
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
13 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
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
September 2024
25 September 2024
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 State breached security, anti‑torture and assembly rights, ordered compensation and a fresh investigation.
Human rights — Protests — Use of force by law enforcement — Security of person; torture and inhuman treatment; freedom of expression, assembly and association — State duty to investigate — Effective remedy — Reparations and costs.
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
Retroactive enactment and application of disciplinary offences violated the applicant's right to a fair hearing; limited damages awarded.
Administrative law – Civil aviation – Disciplinary proceedings by national aviation authority – Retroactive application of Ministerial Order defining offences and penalties – Violation of right to fair hearing (Article 7(2) African Charter); claims under Article 3 (equality) and Article 15/ICESCR (right to work) dismissed; reparations: expungement and CFA15,000,000 general damages.
6 June 2024
Failure to prove parentage rendered the human-rights complaint inadmissible for lack of locus standi.
Human rights — Admissibility — Locus standi — Victim status — Indirect victims (family members) — Burden of proof of parentage — Article 10(d) of the Additional Protocol — Jurisdiction under Article 9(4).
6 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
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
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
May 2024
ECOWAS Court finds Benin liable for unlawful annulment of companys authorizations, breaches of property and reasonable-time rights.
Jurisdiction of ECOWAS Court despite non-ratification; corporate locus standi for property and fair-trial rights; shareholder reflective-loss doctrine; State responsibility for annulment of administrative authorizations; violation of Article 14 (property) and Article 7(1)(d) (reasonable time) of the African Charter; inadmissibility of non-state defendants.
29 May 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
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
December 2023
Whether the applicant's fair-trial rights were violated by a national conviction in absentia and whether he is the convicted person.
Human rights – Jurisdiction of ECOWAS Court – Victim status and standing – Proof of identity in claims challenging convictions in absentia – Right to be informed of charges and to a fair trial – Compelling witness testimony – Costs.
11 December 2023
Court had jurisdiction but dismissed the application as inadmissible for lack of applicant’s capacity and unclear, convoluted reliefs.
Human rights — Freedom of expression and assembly — Jurisdiction of ECOWAS Court — Admissibility and locus standi — Representative actions/actio popularis by individuals — Conditions for public-interest claims — Victim identification for reparations — Costs.
7 December 2023
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
A political party may sue for corporate property and fair-hearing rights, but failed to prove violations here.
Jurisdiction of ECOWAS Court — corporate applicants — political party capacity to sue for rights intrinsic to corporate existence (property, fair hearing) — limited review of national court decisions for procedural human-rights safeguards — property rights and effect of memorandum of understanding (MoU).
24 November 2023
ECOWAS Court found no human-rights violations, admitted expedited procedure, dismissed damages, and ordered costs against the applicant.
Human rights — Jurisdiction of ECOWAS Court; admissibility and standing of political party representative despite contested dissolution; expedited procedure for election-related urgency; non-interference with national criminal and administrative decisions; fair trial and arbitrary detention claims assessed and dismissed; property and health allegations unproven; damages dismissed; costs awarded against applicant.
17 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