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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STATEMENT MADE BY A PERSON INTERESTED AT A TIME – EXPERT STATEMENT

In other words by virtue of section 91(3) of the Evidence Act Cap 112 Laws of the Federation of Nigeria 1990, any statement made by a person interested at a time when proceedings were pending or anticipated involving a dispute as to any fact which the statement might tend to establish is inadmissible. See Salako...

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MERE ALLEGATIONS OF HUMAN RIGHTS VIOLATION TRIGGERS THE COURT JURISDICTION

Para. 46: “Mere allegation of Human Rights violation as opposed to the veracity of the claim has been held by this Court in decided cases, to be sufficient enough to trigger its jurisdiction to adjudicate on allege violation of Human Rights provided for in the African Charter on Human Rights.”

— Ogwuche Esq. & Anor. v FRN (2018) – ECW/CCJ/JUD/31/18

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ONLY PARTIES TO TREATISES CAN BE BOUND AND HELD RESPONSIBLE

Para. 24: “Before proceeding to analyze the facts of this case, the Court must first address the capacity of the 2nd to 4th Respondents who are the agents of the 1 st Respondent – The Republic of Liberia. It is trite law that only parties to treaties can be bound and held responsible for their implementation. This Court has held on several occasions that agents of member state of the ECOWAS treaty are not proper persons capable of being sued before this Court for the violation of the said treaty or other relevant international Human rights instruments signed by member state of the ECOWAS.”

— Boley v Liberia & Ors. (2019) – ECW/CCJ/JUD/24/19

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ECOWAS COURT CANNOT ENTERTAIN A CASE ALREADY DETERMINED BY COMPETENT INTERNATIONAL COURT

In El Haji Mame Abdou Gaye v. Republic of Senegal ECW/CCJ/JUD/01/12 at Para 28 and 46, this Court held that: “The only limit to this jurisdiction is as prescribed in Article 10(d)(ii) of the supplementary Protocol on the Court, which bars it from entertaining a case which is already taken by another competent international Court”.

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IT IS ONLY SIGNATORIES TO THE ECOWAS TREATY WHO CAN BE SUED BEFORE THE ECOWAS COURT

✓ In the case of JOHNNY KING & 10 Ors V. FEDERAL REPUBLIC OF NIGERIA & 9 Ors ECW/CCJ/RUL/06/19, the Court held that: “The Court has looked at the laws regarding its jurisprudence as well as precedents in this Court, and it is so clear that, it is only member states of ECOWAS who are signatories to the treaties can be brought before this Court for human rights violations and this Court has maintained that position in all its decisions.”
✓ In SERAP V. THE PRESIDENT OF THE FEDERAL REPUBLIC OF NIGERIA & Ors ECW/CCJ/RUL/07/10, The Court confirms that: “In the context and legal framework of ECOWAS, the court stands by its current understanding that only member States and Community Institutions can be sued before it for alleged violation of human right as laid down in Peter David v. Ambassador Ralph Uwechue delivered on 11 th day of June 2010”.

EXPERT IS PERMITTED TO GIVE AN OPINION BASED ON HEARSAY

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GRANT OF AMICUS CURIAE BEFORE THE ECOWAS COURT

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STATEMENT MADE BY A PERSON INTERESTED AT A TIME – EXPERT STATEMENT

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MERE ALLEGATIONS OF HUMAN RIGHTS VIOLATION TRIGGERS THE COURT JURISDICTION

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ONLY PARTIES TO TREATISES CAN BE BOUND AND HELD RESPONSIBLE

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ECOWAS COURT CANNOT ENTERTAIN A CASE ALREADY DETERMINED BY COMPETENT INTERNATIONAL COURT

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IT IS ONLY SIGNATORIES TO THE ECOWAS TREATY WHO CAN BE SUED BEFORE THE ECOWAS COURT

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