The economic community of west african states ecowas was established in 1975 with the formal aim of promoting economic cooperation between 15 countries with different historic trajectories colonisation, language, and administrative cultures yet sharing similar socioeconomic conditions. Some 14 years after the economic community of west african states ecowas adopted the protocol establishing the ecowas community court of justice eccj,1 the eccjs mandate was radically altered by the introduction of a human rights competence. Court of justice means the court of justiceof the community establishedunderarticle. Ecowas court and horizontal application of human rights 33 corporations, should be proceeded against is a procedural matter which is often a matter of evidence. Th e 2005 reform initiated by the economic community of west african states ecowas had the double eff ect of putting an end to ten years of judicial lethargy and positioning its community court of justice eccj as a promising international human rights body. The ecowas court of justice as an investment tribunal alb article. The community court of justice was created pursuant to the provisions of articles 6 and 15 of the revised treaty of the economic community of west african states ecowas. The 2008 protocol was adopted to merge the african court on human and peoples rights and the african court of justice. Pundits therefore thought that it is necessary for both institutions to merge in the face of the new african challenges. The ecowas community court of justice eccj is an increasingly active and bold international adjudicator of human rights violations in west africa. Ecowas court ruling on the sam sumana case sierra leone. Please allow me space to share light on president ellen johnson sirleafs desire of choosing judge yousif d. The ecowas court has ordered the federal republic of nigeria to pay n30million as compensation to the named dependents of a commercial driver, david legbara.
While the eccj has been active in protecting human rights in recent times, most observers will conclude that it has not impacted integration in west africa anywhere near as much as the ecj has impacted on european integration. Originally conceived as the tribunal of the community in the 1975 ecowas treaty, the ecowas community court of justice eccj came into existence through a 1991. The high court of accra, ghana on 2nd february 2016, delivered a ruling on an application filed by mr. Ebobrah research partnership 12008 this research paper has been produced as a part of the research partnership programme at the. Protocol4, is cause for grave concern and requires urgent resolution if the mandate of the court is to be actualized. A new international human rights court for west africa. Is the ecowas court of justice a toothless bulldog that.
The ecowas community court of justice article in ssrn electronic journal 1074 october 20 with 75 reads how we measure reads. The court will address complaints from member states and institutions of ecowas, as well as issues relating to defaulting nations. There is no requirement to exhaust domestic remedies, meaning individuals do not need to pursue national judicial remedies before bringing a claim to the ecowas court of justice. In october, 1999, ecowas decided to establish a court of justice following a twoday meeting of ministers of justice in abuja. Mergers and acquisitions under ecowas competition law. Ecowas, businessmen, seek, court, on, trade, disputes.
The ecowas court ruled that the removal of vicepresident alhaji sam sumana photo from office by president ernest bai koroma in 2015 was wrongful and that as such it clearly violated his fundamental human rights to fair hearing and to freely participate in the politics of his country. By utilising a contentanalysis method, in addition to extensive personal interviews with the president of the court, this study. Ecowas community court of justice, list of decided cases from 2004 till date, at. Part ii begins by summarizing the dismissal of the ecowas courts. The ecowas court of justice is an organ of the economic community of west african states ecowas, a regional integration community of 15 member states in western africa. Ecowas court seeks mechanism to enforce its decisions. The ecowas economic community of west african states case, which this contribution discusses, offers a glaring example of the possible tension between these two approaches. Ecowas community court of justice on the basis of articles 9. Economic community of west african states wikipedia. Ecowas community court of justice open society justice initiative. The ecowas community court of justice eccj is one judicial organ that struggles under such a burden of expectation.
An example of such is the establishment of the ecowas community court of justice. Dear frontpageafrica, reconsideration for appointment of judge yousif kaba to the post of associate justice, ecowas community court of justice, abuja, nigeria, west africa. Collectively, these countries comprise an area of 5,114,162 km 2 1,974,589 sq mi, and in 2015 had an estimated population of over 349 million the union was established on 28 may 1975, with the signing of the treaty of lagos, with its. Chude mba, a nigerian citizen, brought an application5 before the ecowas court in january 20 for. Nelson magbagbeola as well as the director, ecowas legal affairs mr. If at all, all the ecowas court would do is give an advisory opinion.
The limits of the ecowas court of justice cocorioko. Anenemaidoh, whose paper was on the enforcement of the judgements of the court, said that only four of the 15 member states of ecowas have designated their focal points for the enforcement of the decisions of the court in line with the extant community instrument while the records of the court showed that member states have enforced. Joinbodi of west african countries ecowas dia court of justice just rule say di way dem sack samuel samsumana, di former vice president of sierra leone dey illegal. The ecowas community court of justice february, 2014.
The ecowas community court of justice and the horizontal. Third, when the ecowas courts early rulings generated opposition from some governments. Since acquiring jurisdiction over human rights issues in 2005, the eccj has issued several pathbreaking judgments, including against the gambia for the torture of journalists, against niger for condoning modern forms of slavery, and against. Ecowas court to hear 45 cases in the first quarter of 2016 17022016 harouna mayaki forty five cases from 10 member states have been scheduled for the first quarter of 2016 by the community court of justice, ecowas between february and april 2016, according to the records provided by the registry department of the court. Today, the ecowas community court of justice clarified a longoutstanding point of contention. Although the creation of the ecowas community court of justice ecj was approved in 1991 in pursuant to the provisions of articles 6 and 15 of the 1993 revised treaty of the economic community of west african states, it was only set up a decade later in 2001. The financial regulations and manual of accounting procedures of the community. The community court of justice of the economic community of west african states. The 4th defendant aligns itself with the 3rd defendant on the issue of jurisdiction saying that ecowas court of justice is not competent to adjudicate the dispute brought to it because it is neither s member of ecowas nor a community institution and.
In the next section follows an overview of the eccj jurisprudence on. Appointment judge yousif kaba to ecowas court of justice. The journal was initially started in 2006 by the harvard kennedy school of government but has recently expanded to encompass all the schools of harvard university. It was created pursuant to the provisions of articles 6 and 15 of the revised treaty of the economic community of. The defendant presented preliminary objections to admissibility. The economic community of west african states, also known as ecowas, is a regional political and economic union of fifteen countries located in west africa. Ecowas community court of justice united nations office on. Ecowas community court of justice gets new president. The ecowas parliament is situated in abuja, nigeria and at present only acts in a consultative and advisory capacity. Critical issues in the human rights mandate of the ecowas court of justice solomon t ebobrah abstract a new opportunity for international human rights litigation in west africa was presented in 2005 when the economic community of west african states adopted a protocol to empower its judicial organ, the ecowas community court of justice. Ecowas community court of justice download the 2page fact sheet. Investors in west africa could make greater use of ecowas court of justice in investorstate disputes, says matthew happold of 3 hare court. Ecowas ministers of justice endorse supplementary act on.
The court addresses complaints from member states and institutions of ecowas, as well as issues relating to defaulting nation. According to the supplementary protocol from 19 january 2005, the court has jurisdiction to determine cases of violations of human rights that occur in any member state. Its organisational framework, functioning mechanism, powers, and procedure applicable before it are set out in protocol ap1791 of 6 july 1991. The harvard africa policy journal apj is a studentrun online publication dedicated to promoting dialogue about african policy and current affairs in the realms of governance, law, education, business, health, design and culture. Let charles margai stop giving him unrealistic postverdict expectations and hopes. Among the senior officials on hand at the meeting were the chair of session and the deputy minister of justice economic affairs of liberia counsellor harriette badio, the secretarygeneral of the ecowas parliament dr. The court has started a process of reaching out to the people of west africa to discuss issues bordering its establishment. The limits of the ecowas court of justice freetown post. The amending protocol would add a criminal chamber to the new court. Kaba, current judge of the civil law court to replace associate justice m.
Chude mba, seeking an enforcement of the judgment of the economic community of west african states ecowas community court of justice ecowas court entered in his favour against the. By inibehe effiong upon examination of the facts of the case and relevant local and international laws, a. Ecowas court to hear 45 cases in the first quarter of 2016. Community court of justice economic community of west. The court decided to merge the objections with the merits, in accordance with article. This borders on the applicability of community law by community institutions like the ecowas court of justice. Chude mba, seeking an enforcement of the judgment of the economic community of west african states ecowas community court of justice ecowas court entered in his favour against the republic of ghana. The ecowas court of justice has no authority to overturn a supreme court verdict. African court of justice and human rights, which was adopted in 2008. Critical issues in the human rights mandate of the ecowas. The ecowas court and the politics of access to justice in. Ecowas member states have decided to give the court, which exists formally since 1991 and was in practice only set up in 2001, a specific mandate in that respect. Ecowas court fines fg n30m for violation of rights.