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61 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 no torture but a violation of the Applicant's right to physical integrity; awards CFA 10,000,000 and costs.
Human rights jurisdiction; admissibility (no requirement to exhaust domestic remedies); victim status; prohibition of torture vs. injury in crowd-control context; right to physical integrity (ACHPR Article 4); reparations and costs.
29 January 2026
Court dismissed torture claim but found State liable for violation of applicant's physical integrity and awarded damages.
Human rights jurisdiction — admissibility (no exhaustion requirement) — victim status — distinction between torture/cruel treatment and unlawful use of force — violation of physical integrity — compensation awarded.
26 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
Applicants' human‑rights claims dismissed: alleged violations predate ECOWAS Court's temporal jurisdiction.
Human rights jurisdiction — temporal jurisdiction — non‑retroactivity of treaties — continuing violations doctrine — Articles on State Responsibility (Article 14) — ECOWAS Court mandate from 19 January 2005.
10 November 2025
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
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
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
Respondent held liable for arbitrary arrest and property violation; dignity/torture claim unproven; USD 20,000 awarded.
Human rights — ECOWAS Court jurisdiction — Default judgment under Rule 90 — Arbitrary arrest and detention (Article 6 ACHPR) — Right to property seizure (Article 14 ACHPR) — Dignity/torture claim unproven — Reparation and costs.
13 May 2025
Court dismissed human-rights claim of intellectual-property theft, finding IP and criminal aspects outside its competence.
Human rights — Right to property (Article 14 ACHPR) — Intellectual property rights and registration — Distinction between deprivation/control (human-rights breach) and allegations of theft/passing-off (criminal/domestic IP matters) — ICCPR Article 26 (equality) — Jurisdictional limits: Berne Convention and WIPO Copyright Treaty outside ECOWAS Court competence — Admissibility — Costs: parties bear own costs.
12 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
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 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
Court: failure to create a sixth state does not, by itself, violate equality or development rights; foreign NGO struck off.
Human rights — actio popularis — standing of NGOs in public interest actions — limits of Court’s remit over internal territorial organization — Article 19 (peoples’ equality), Article 22 (right to development) African Charter; Article 26 ICCPR — margin of appreciation in creating subnational units.
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
Applicants lacked standing to sue on behalf of the deceased absent proof of relationship or legal mandate.
Human rights jurisdiction — continuing state obligations — temporal jurisdiction; admissibility — victim status/standing under Article 10(d); not an invitation to exercise appellate jurisdiction over domestic courts; Article 9(3) limitation inapplicable to human rights cases.
28 February 2025
Failure to appeal to the Council of Ministers rendered the applicant's claim inadmissible.
ECOWAS Court jurisdiction — disputes between Community and officials; admissibility — mandatory exhaustion of internal remedies; Article 73(a) Staff Regulations — appeal to Council of Ministers required despite "may"; retired staff count as officials for Court access; dismissal for failure to exhaust remedies.
28 February 2025
An application framed as a human-rights claim cannot compel the ECOWAS Court to review or set aside national court decisions.
ECOWAS Court jurisdiction – human rights – right to property – limits of jurisdiction – application as disguised appeal against national court decisions – inadmissibility for lack of competence – costs awarded to respondent.
14 February 2025
Court found jurisdiction but dismissed NGO’s public interest suit for inadmissibility due to failure to identify envisagable victims.
Human rights — jurisdiction under Supplementary Protocol Article 9(4) — admissibility of public interest litigation — NGO locus standi — actio popularis — requirement to envisage victim class — Dasin Hausa Dam flooding allegations.
14 February 2025
13 February 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
November 2024
22 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
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
July 2024
Court lacked jurisdiction over disappearance claims but found Ghana violated the applicant's right to information and ordered disclosure.
Jurisdiction ratione loci; extraterritorial application and effective control; admissibility and indirect victim status; representative standing; right to information (African Charter Art.9(1); ICCPR Art.19(2)); obligation to disclose state-held investigative documents; remedies — disclosure ordered.
12 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
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
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
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
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
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
March 2022
Whether the ECOWAS Court may hear alleged 1993–1996 human rights violations given its post-2005 temporal jurisdiction.
Human rights jurisdiction — ECOWAS Court ratione temporis — Non-retroactivity of treaties — Distinction between instantaneous and continuous violations — No jurisdiction over alleged 1993–1996 violations that did not continue after 19 January 2005.
30 March 2022
Applicants entitled to resettlement and separation allowances; accrued‑leave claim dismissed; default interest ordered.
Administrative law – Employment of international organization staff – Application of ECOWAS Staff Regulations – entitlement to resettlement and separation allowances (Articles 35(b), 35(d), 62(c)) – exhaustion of internal remedies – effect of respondent default – calculation of default interest.
28 March 2022
Applicants entitled to unpaid resettlement and separation allowances; ECOWAS ordered to pay with default interest.
ECOWAS Staff Regulations – Articles 35(b), 35(d), 62(c) – separation and resettlement allowances; jurisdiction of ECOWAS Court over disputes between Community and its officials; exhaustion of internal remedies; default judgment; dismissal of unparticularized damages claims; default interest at EBID savings rate.
28 March 2022
February 2022
The ECOWAS Court rejected claims of denial of fair hearing in Nigerian electoral appeal, finding no proven human rights violation.
Human rights – Right to fair hearing – Alleged judicial impropriety in electoral matters – Jurisdiction of ECOWAS Court in reviewing domestic court conduct for human rights violations – Threshold for establishing violation – Independence of judiciary – Admissibility requirements.
17 February 2022
State agents’ unlawful killing and prolonged retention of a victim’s corpse violated the rights to life and dignity under the African Charter.
Human rights – Right to life – State responsibility for acts of agents – Unlawful killing by state agents – Right to dignity – Retention of corpse – Remedies and reparation under the African Charter on Human and People’s Rights – Locus standi in human rights applications.
15 February 2022
October 2021
No violation found where applicant failed to prove denial of fair hearing or effective judicial remedy due to judicial delay.
Human rights – fair hearing – right to trial within reasonable time – effective judicial remedy – burden of proof – admissibility – jurisdiction – judicial delay – appellate procedures – ECOWAS Court not an appellate forum for national courts' decisions unless proven human rights violations.
27 October 2021
Imposition of high nomination fees by political parties is not a state violation of the right to political participation under Article 13.
Human rights – political participation – nomination fees for elective office – domestic electoral law – ECOWAS Court jurisdiction – margin of appreciation – no violation of Article 13 African Charter on Human and Peoples’ Rights by State where fees are set by political parties under national law.
27 October 2021
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.
21 October 2021
September 2021
A supplementary application for reinstatement and benefits after wrongful termination was dismissed as all claims had been addressed in the prior judgment.
Employment law – wrongful termination – interpretation and supplementation of court judgment – jurisdiction to grant reinstatement and arrear benefits – admissibility and limitations under Articles 63 and 64 of ECOWAS Court Rules.
29 September 2021
July 2021
The court found Togo liable for torture, denial of fair hearing, and unlawful termination of a soldier’s employment, awarding compensation.
Human rights – torture – cruel, inhuman or degrading treatment – arbitrary dismissal – right to fair hearing – right to work – admissibility – state responsibility for acts of agents – inquiry and reparations
9 July 2021
The Court found Togo liable for torture, arbitrary detention, and violation of freedom of assembly following police assault on a protester.
Human rights – Torture and inhuman treatment – Freedom of assembly – Arbitrary detention – State obligations – Burden of proof – Effective remedy – Compensation.
9 July 2021
A non-permanent staff member's claims for wrongful dismissal and benefits failed as his contract lawfully expired and regulations excluded such entitlements.
Labour law – ECOWAS Community staff regulations – employment categories – distinction between permanent and non-permanent staff – contract renewal and conversion – discrimination – wrongful dismissal – exhaustion of internal remedies – claims for contractual benefits by non-permanent employees.
7 July 2021
June 2021
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.
4 June 2021