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Citation
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Judgment date
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| 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 |
|
The court dismissed an NGO’s claim for systemic rights violations due to lack of standing and improper victim identification.
Human rights – locus standi – actio popularis – admissibility – representative capacity – proper identification of victims – res judicata – ECOWAS Court jurisdiction.
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26 April 2021 |
| 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 |
|
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 |
| February 2021 |
|
|
A state was found liable to repay a commercial loan and interest under a valid loan agreement with an ECOWAS bank.
Banking law – Enforcement of loan agreements – Failure to repay commercial loan – Contractual interest and penalties – Court’s jurisdiction under ECOWAS agreements – Proof of guarantee obligations – Special damages (solicitor’s fees) – Premature suit objection.
|
5 February 2021 |
| January 2020 |
|
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The court found unlawful detention and torture of protestors by The Gambia, awarding damages, but upheld licensing for public assemblies.
Human rights – right to liberty and freedom from arbitrary detention – torture and inhuman or degrading treatment – fair trial rights – right to peaceful assembly – permissible statutory restrictions – jurisdiction of regional human rights court – locus standi in representative actions – limitations on review of national court judgments.
|
20 January 2020 |
| October 2019 |
|
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ECOWAS Court dismissed a repeat application for human rights violations as inadmissible due to res judicata, with no costs granted.
Human rights – ECOWAS Court jurisdiction – res judicata – inadmissibility of claims previously adjudicated – irreviewability of domestic court decisions – costs – abuse of process.
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30 October 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.
|
28 June 2019 |
| February 2019 |
|
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Failure to follow constitutional process and guarantee judicial impartiality in the removal and trial of a judge breaches fair trial rights.
Human rights – fair trial – judicial independence – due process for removal of judges – reasonable apprehension of bias – judicial recusal – right to access counsel – compensation for wrongful trial and imprisonment.
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27 February 2019 |
| January 2019 |
|
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A corporate entity lacks standing to bring a human rights claim before the ECOWAS Court under Article 10(d) of the Supplementary Protocol.
ECOWAS Court – Access to court – Standing – Corporate entities – Human rights litigation – Article 10 Supplementary Protocol – Jurisdiction – Inadmissibility for lack of capacity
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24 January 2019 |
| December 2018 |
|
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A claim for compensation for land expropriation over ninety years ago was dismissed as statute barred by the ECOWAS Court.
Human rights – right to property – limitation of actions – continuing violation exception – jurisdiction – ECOWAS Court – land expropriation – statute barred actions.
|
11 December 2018 |
