GRANT OF AMICUS CURIAE BEFORE THE ECOWAS COURT

ONE WITNESS CAN TESTIFY – IT ALL DEPENDS ON CREDIBILITY & EVIDENCE ADDUCED

Para. 29: “The plaintiff testified on this issue by himself. No witness was called. Before we proceed the court has to state that failure to call a witness does not derogate from the evidence adduced by one person only, nor does it prevent the court from accepting and relying on the evidence of a sole witness. It all depends on credibility and the nature of the evidence adduced. And also as decided in the case of Morrow v. Morrow (1914) 2 I.R. 183 in a civil case where such testimony is unimpeached the court should act on it.”

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

DESPERATE SITUATIONS CALL FOR DESPERATE MEASURES – JUMP BAIL

Para. 35: “Counsel for the defendant also submitted that the fact that the plaintiff’s brother secured his bail with an expired passport and the fact that plaintiff jumped bail throw the plaintiff’s character into doubt so the court should not believe him. This argument too is untenable. Desperate situations call for desperate measures. Who would not have acted the way the plaintiff did given the situation that he found himself in? Even if he had succeeded in escaping from the National Intelligence Agency detention centre without bail he would have been justified. The court rejects the call to declare the plaintiff as a person of bad character since he was justified in using every reasonable means to secure his freedom and flee for safety.”

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

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”.

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