“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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✓ 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”.
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.
In LINDA GOMEZ & 5 ORS V. REPUBLIC OF THE GAMBIA, Suit No. ECW/CCJ/APP/18/12 at paragraph 27, where the Court stated as follows: “It is clear that the Court has neither jurisdiction to annul domestic legislations of ECOWAS Member States nor the jurisdiction to act as appellate Court over their domestic Courts”.
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
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
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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