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CONDITION PRECEDENT TO DETERMINING JURISDICTION

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Dictum

In Hissein Habre v. Republic of Senegal; ECW/CCJ/APP/07/08 & ECW/CCJ/03/10, this Court held that in determining whether it has jurisdiction, it shall consider: • If the issues submitted before it deals with a right which has been enshrined for the benefit of the human person; • Whether it arises from international or community obligations of the state complained of, as Human Rights to be promoted, observed, protected, and enjoyed; • Whether it is the violation of that right which is being alleged. See also Private Alimu Akeem v. Federal Republic of Nigeria ECW/CCJ/ RUL/05/11, pg. 119 affirming the same condition precedent.

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GRANT OF AMICUS CURIAE BEFORE THE ECOWAS COURT

60. This Court has severally granted leave for intervention as amicus curiae on the grounds that the said amicus is not a party to the suit and has no proprietary interest in the said claim. The intervention must simply be an objective assistance into the research exercise necessary in the adjudication of the claim/s before the Court. 61. The present applications for leave to intervene as amicus and the submissions by the amici curiae has been considered by this Court and the same is granted.

— SERAP v FRN (2022) – ECW/CCJ/JUD/40/22

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EXPERT IS PERMITTED TO GIVE AN OPINION BASED ON HEARSAY

Para. 40: “It is common knowledge that an expert’s opinion is usually based on his training and experience. In law an expert is permitted to give an opinion on the basis of hearsay information, provided that it relates to specific matters of which he does have personal knowledge. Thus a doctor can give evidence of what he was told by a patient about his condition for the purpose of evaluating his diagnosis; though his testimony is inadmissible to show what symptoms were actually being experienced by the patient; see R. V. Bradshaw (1985) 82 Cr. App. R. 79, CA.”

— Saidykhan v GAMBIA (2010) – ECW/CCJ/JUD/08/10

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THE REVISED TREATY MAY BE CALLED THE CONSTITUTION OF ECOWAS

“21. The Revised Treaty of 1993 is the supreme law of ECOWAS, and it may be called its Constitution. By Article 89 of the Revised Treaty, Protocols made pursuant thereto shall form an integral patt thereof.”

— Ukor v Laleye (2005) – ECW/CCJ/APP/01/04

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THE DOCTRINE OF EQUALITY BEFORE THE LAW

In BADINI SALFO V THE REPUBLIC OF BURKINA FASO JUD NO: ECW/CCJ/JUD/13/12, the Court while relying in its judgment in CNDD v. COTE D’ IVOIRE (2009) Para 55, and PROF. ETIM MOSES v. REP OF GAMBIA, (2007) Para 31, held that: “Equality before the law presupposes that equal treatment is accorded people finding themselves in similar situations. Thus, examining the allegation of the violation of the principle of equality requires that, at least two similar legal situations be put side by side as to compare and find out whether an ill treatment was concretely meted out to either one or both of them”.

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BURDEN TO PROVIDE RECORDS OF PENSION IS ON GOVERNMENT

In the case of Registered Trustees of Association of Former Telecom Employees of Nigeria &17,102 Ors. V. Federal Republic of Nigeria & Ors; ECW/CCJ/JUD/20/19, when this court held that: “It follows therefore that once the claimant makes out a prima facie case of entitlement to pension, by proof of employment but lacks access to the key information needed to substantiate his claim same being in the control of Respondent, such claim cannot fail due to being unsubstantiated. It is a recognized fact that salary records and computations matrix are in the normal cause of events in the custody and preserve of the employer in this case the Respondent. The burden to provide records of the pension entitlement of the Applicant having shifted to the Respondent, the Applicants are exonerated from proving their entitlement.”

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ECOWAS COURT IS NOT AN APPELLATE COURT

An ancillary issue which the Court needs to address relates to the allegation of the status in law of the petitioner. The Supreme Court having ruled that the petitioner was duly registered and stricto senso not been a human right issues, this Court will not review the decision as it amounts to sitting on appeal on the decision of the national court. The court further reiterates that it is not an appellate court and will only admit cases from national courts where human rights violation are alleged in the course of the proceeding. See Private Alimu Akeem v. Federal Republic of Nigeria ECW/CCJ/RUL/05/11, Hissein Habre v. Republic of Senegal ECW/CCJ/RUL/03/10 and Messrs. Abdoulaye Balde & 5Ors. V. The Republic of Senegal ECW/CCJ/RUL/01/13. Jerry Ugokwe Vs Nigeria (2004-2009) CCJELR, Ocean King Vs Senegal ECW/CCJ/JUD/07/11, Bakare Sarres Vs Mali.

— Uuter Dery v Republic of Ghana (2019) – ECW/CCJ/JUD/17/19

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