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

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Dictum

✓ 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”.

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FUNDAMENTAL RIGHTS BREACHED, NOT FALLING WITHIN FHC JURISDICTION, WILL BE INSTITUTED AT THE STATE HIGH COURT

Although, unlike the 1979 Constitution, Section 318(1) of the present Constitution does not define “High Court”, there is no doubt that the term carries the same meaning as given by Section 277(1) of the 1979 Constitution to mean Federal High Court or the High Court of a State. Therefore, it is my understanding that where...

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PARTIES TO A CASE DETERMINE THE JURISDICTION OF A COURT

However, what the learned senior Counsel failed to realize is the fact that the presence of the 2nd Appellant, the National Judicial Council and the Honourable Attorney General of the Federation as parties in the case, had pulled in a feature in the case which brought it out of the jurisdiction of the High Court...

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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

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JURISDICTION IS DETERMINED FROM THE FACTS PRESENTED BY THE PLAINTIFF

Para. 12: “The plaintiffs failed to address the issues raised by the defendant in the preliminary objection. This court in its inherent jurisdiction to do justice at all times will however proceed to analyze the issues raised in line with the facts presented by the plaintiffs in the initiating application. This is more so as jurisdiction is determined from the facts presented in a Plaintiffs application and not from the defence.”

— Osaghae v Nigeria (2017) – ECW/CCJ/JUD/03/17

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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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JURISDICTION IS A THRESHOLD MATTER

Jurisdiction is a threshold matter. Once raised all proceedings abate until it is resolved. Proceedings conducted without jurisdiction amount to a nullity. There is nothing as useless as conducting a trial flawlessly only to find out that the court had no jurisdiction to hear the matter. That explains why the issue of jurisdiction can be...

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