Judiciary-Poetry-Logo
JPoetry

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

Reach more audience. Place advert here.

Dictum

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

Was this dictum helpful?

SHARE ON

UNSUCCESSFUL PARTY SHALL BE ORDERED TO PAY COSTS

Para. : “Whereas in the terms of Article 66(2) of the Rules of the Court “The unsuccessful party shall be ordered to pay the costs if they have been applied for in the successful party’s pleadings”, it is ripe to adopt same.”

— Oserada v ECOWAS Council of Ministers & Ors. (2008) – ECW/CCJ/JUD/01/08

Was this dictum helpful?

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

Was this dictum helpful?

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

Was this dictum helpful?

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”.

Was this dictum helpful?

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

Was this dictum helpful?

THE RIGHT TO BE HEARD CONNOTES AN OPPORTUNITY TO MAKE REPRESENTATION

Para. 53: “The Court recognizes the principles of Audi alteram partem (hear the other side) which requires that persons affected by an adverse position must be given an opportunity to make representation. The right to be heard by its own nature connotes an opportunity to be heard within a reasonable time by an impartial court or Tribunal. This right is not limited to a one on one verbal representation but encompasses every avenue accorded to a party to be heard in a matter. This Court 18 reiterated the principle that parties must be given an opportunity to be heard in any matter affecting their interest in the following words: “the right to fair hearing is a human right derived from the concept of fair hearing, in this regard, a fair trial is not only seen as an additional instrument for protection of the rights of defence largo sensu…..” See MOHAMMED TAYYIB BAH V. REP OF SIERRA LEONE JUD NO: ECW/CCJ/JUD/11/15, (Unreported) in its consideration relied on the case of Ugokwe v. Okeke (2008), CCJELR pg. 149@ 146.”

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

Was this dictum helpful?

Load More
No more related dictum to show.

Click the icons to like, follow, and join JPoetry

Facebook Twitter Whatsapp Telegram

Humongouz Empire

© 2024

designed by Humongouz Ztudio. 

TO – 168 | UO – 1 | GO – 121 | BO – 46

External link(s)

BOOK: First 2-years as a Law Student: Experiences and Lessons.