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Momodou
Denmark
11828 Posts |
 Posted - 29 Jul 2007 : 01:51:32
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ECOWAS COMMUNITY COURT
After the publication of the article on the suit filed on behalf of Chief Ebrima Manneh against the Government of The Gambia at the ECOWAS Community Court of Justice, many readers have been asking about the court, the essence of the court, its jurisdiction, its composition, etc.
This article gives a brief account of the court and it is hoped that it will answer the questions of readers.
The Community Court of Justice of the Economic Community of West African States is based in Abuja, the capital of Nigeria. The court was established by the Protocol on the Community Court of Justice and Article 15 of the Revised Treaty. The Protocol entered into force on 5 November 1996 upon ratification by the member states as required, by not less than 7 states as required by Articles 34 of the said Protocol.
The Community Court was put in place by the 24th session of the Authority of Heads of State and Government of ECOWAS held in Bamako, Mali on 15 and 16 December 2000.
The Protocol provides for seven judges appointed by the Authority. The first seven judges assumed duty as soon as they were sworn in on 30 January 2000. The seven independent judges are persons of high moral standing who are nationals of member states, and possessing the required qualifications for the exercise of judicial functions at the Supreme Court or court of the same ranking, in the field of international law or the law of regional integration. At least 20 years work experience is required.
The tenure of a judge is 4 years and is non-renewable. The president of the court is responsible for the administration of the court and presides at hearings and deliberations. The current president of the court is Justice Aminata Malle Sanogo.
State Of The Court And Its Members
The Court of Justice is the legal arm of the community. According to Article 15 of the Treaty The Court of Justice shall carry out the functions assigned to it independently of the member states and the institutions of the community. In short, neither a member state or institution of the community can subject the court to its influence or interference. Citizens need to be assured of the impartiality required.
The court has its own operational budget and its seat is located at Abuja. But the court may decide to sit in a territory of another member state.
Jurisdiction
What is the community court capable of doing? The court has power to hear and deliberate on cases in respect of the following:
(1). Control of the legality of acts of ECOWAS
(2) Disputes between ECOWAS and its officials
(3) Reparations for official actions or omissions of any ECOWAS official
(4) Violations of human rights
Article 9 of the Protocol as amended provides for the jurisdiction of the court. We quote it in full.
Article 9
1. The Court has competence to adjudicate on any dispute relating to the following:
a. the interpretation and application of the Treaty, Conventions and Protocols of the Community
b. the interpretation and application of the regulations, directives, decisions and other subsidiary legal instruments adopted by ECOWAS
c. the legality of regulations, directives, decisions and other subsidiary legal instruments adopted by ECOWAS:
d. the failure by Member States to honour their obligations under the Treaty, Conventions and directives, or decisions of ECOWAS:
e. the provisions of the Treaty, Conventions and Protocols, regulations, directives or decisions of ECOWAS Member States:
f. the Community and its officials and
g. the action for damages against a Community institution or an official of the Community for any action or omission in the exercise of official functions.
2. The Court shall have the power to determine any non-contractual liability of the Community and may order the Community to pay damages or make reparation for official acts or omissions of any Community institution or Community officials in the performance of official duties or functions.
3. Any action by or against a Community Institution or any Member of the Community shall be statute barred after three (3) years from the date when the right of action arose.
4. The Court has jurisdiction to determine cases of violation of human rights that occur in an Member State.
5. Pending the establishment of the Arbitration Tribunal provided for under Article 16 of the Treaty, the Court shall have power to act as arbitrator for the purpose of Article 16 of the Treaty.
6. The Court shall have jurisdiction over any matter provided for in an agreement where the parties provide that the Court shall settle disputes arising from the agreement.
7. The Court shall have all the powers conferred upon it by the provisions of this Protocol as well as any other powers that may be conferred by subsequent Protocols and Decisions of the Community.
8. The Authority of Heads of State and Government shall have the power to grant the Court the power to adjudicate on any specific dispute that it may refer to the Court other than those specified in this Article.
The jurisdiction of the court was extended on 19 January 2005 by an supplementary protocol to include human rights violations among other.
Access
At first access was limited to member states and ECOWAS institutions. Now it is open to individuals and corporate bodies as well. Access is dealt with by Article 10 of the protocol which states:
Article 10: Access to the Court.
Access to the Court is open to the following:
a) Member States, and unless otherwise provided in a Protocol, the Executive Secretary, where action is brought for failure by a Member State to fulfill an obligation:
b) Member States, the Council of Ministers and the Executive Secretary in proceeding for the determination of the legality of an action in relation to any Community text;
C) individuals and corporate bodies in proceedings for the determination of an act or inaction of a Community official which violates the rights of the individuals or corporate bodies;
d) individuals on application for relief for violation of their human rights; the submission of application for which shall:
i) not be anonymous: nor
ii) be made whilst the same matter has been instituted before another international Court for adjudication:
e) Staff of any Community institution, after the Staff Member has exhausted all appeal processes available to the officer under the ECOWAS Staff Rules and Regulations:
f) Where in any action before a court of a Member State, an issue arises as to the interpretation of a provision of the Treaty, or the other Protocols or Regulations, the nationals court may on its own or at the request of any of the parties to the action refer the issue to the Court for interpretation.”
Enforcement
According to Articles 19 (2)
“Decisions of the Court shall be read in open court and shall state the reasons on which they are based. Subject to the provisions on review contained in this Protocol, such decisions shall be final and immediately enforceable”. Hence court decisions are enforceable in member states.
Number Of Cases
Two cases were filed in 2004, five in 2005, twenty-one in 2006 and eleven so far in 2007; making a total of 33 cases. Judgment has been delivered in 8 cases. Chief Manneh’s case, filed this year, is one of the pending cases.
Source: Foroyaa Newspaper Burning Issue
Issue No. 85/2007, 24-25 July, 2007
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