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Journal articles on the topic 'ECOWAS Court of justice'

Author: Grafiati

Published: 4 June 2021

Last updated: 8 June 2024

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1

Ojomo, Edefe. "Competing Competences in Adjudication: Reviewing the Relationship between the ECOWAS Court and National Courts." African Journal of Legal Studies 7, no. 1 (May 7, 2014): 87–122. http://dx.doi.org/10.1163/17087384-12342042.

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Abstract This article argues that regional access to justice in West Africa provides an alternative to national access to justice through the institution of the ecowas Community Court of Justice. This gives West Africans the option of pursuing justice in national judicial institutions or in the ecowas Court. Therefore, it reveals a situation where both systems compete for effectiveness in meeting the justice demands of citizens while also encouraging greater complementarity in their institutional activities.

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2

Ibrahim, Kehinde. "The Puzzling Paradox Presented within the African Supranational Judicial Institutions: The ECOWAS Court of Justice." African Journal of International and Comparative Law 28, Supplement (November 2020): 86–109. http://dx.doi.org/10.3366/ajicl.2020.0333.

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The judgments of the ECOWAS Court, which are final and immediately binding, are vital for the realisation of ECOWAS aims and objectives. The enforcement of its judgments is particularly important in the case of individuals whose enjoyment of fundamental human rights, as guaranteed under the ECOWAS Community laws, is dependent on effective enforcement. Yet, an existential puzzling paradox emanates through a poor record in the implementation of the ECOWAS Court's judgments. This problem, which is not limited to the West African region deserves scrutiny and concrete proposals. Legal and political considerations surface in assessing the existence of this paradox, and despite the lack of a consistent political will, to implement the decisions of ECOWAS Court relevant judicial actors have roles to play. National courts could take a bolder approach in complementing the work of the ECOWAS Court. The ECOWAS Court itself could put in place concrete mechanisms and adopt certain practices to address this poor record of non-implementation. It is yet to be seen how substantive mechanisms would work in practice.

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3

Nwaogu, Dandy Chidiebere Nwaogu. "ECOWAS COMMUNITY COURT OF JUSTICE: FEATURES AND CHALLENGES OF ITS HUMAN RIGHTS MANDATE." UCC Law Journal 2, no. 2 (December 1, 2022): 265–92. http://dx.doi.org/10.47963/ucclj.v2i2.1126.

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The protection and promotion of human rights have remained a top priority of the international community for several decades. The violation of the fundamental rights of States and individuals have given rise to a plethora of conflicts both at the international and national level, thus, requiring effective laws and judicial institutions to accord protection of these rights to persons living within specified national territory. The ECOWAS Community Court of Justice since 2005 acquired jurisdiction over human rights matters, giving bold judgements in condemnation of breach of human rights by member parties of the ECOWAS Community. This paper aims at examining the unique human rights features of the ECOWAS Court of justice as well as the inherent challenges facing the court. The paper finds that despite the huge progress made by the court in receiving and deciding on human rights complaints from individuals and NGOs, the decisions of the court are hardly obeyed by member States and the court has no recognized institution to monitor and implement its decisions. The paper relies on primary and secondary sources of information such as International Conventions and Treaties, Books, Journal articles, Judicial Precedents and Internet materials. The paper concludes that the leadership of ECOWAS Community and the regional court must make concerted efforts in addressing the current challenges confronting the court, including monitoring and implementing the decisions of the ECOWAS Court.

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4

Oppong, Richard Frimpong. "The High Court of Ghana Declines to Enforce an ECOWAS Court Judgment." African Journal of International and Comparative Law 25, no. 1 (February 2017): 127–32. http://dx.doi.org/10.3366/ajicl.2017.0185.

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It is rare for a national court to be invited to recognise and enforce a judgment from an international or regional court, as opposed to a judgment from a foreign national court. This article examines a decision of the High Court of Ghana given in respect of an application to enforce a judgment of the ECOWAS Court of Justice. The article examines the bases of the Ghanaian court's decision not to enforce the ECOWAS judgment and suggests how future cases may be decided.

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5

Ebobrah, Solomon T. "Critical Issues in the Human Rights Mandate of the ECOWAS Court of Justice." Journal of African Law 54, no. 1 (March 4, 2010): 1–25. http://dx.doi.org/10.1017/s0021855309990143.

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AbstractA new opportunity for international human rights litigation in West Africa was presented in 2005 when the Economic Community of West African States adopted a protocol to empower its judicial organ, the ECOWAS Community Court of Justice, to determine cases of human rights violation that occur in ECOWAS member states. Since then, several human rights claims have been brought before the court. However, critical questions concerning the legality of the new mandate and the suitability of the court to exercise a human rights jurisdiction have lingered. Beginning with an inquiry into the foundation within ECOWAS for the exercise of a human rights jurisdiction, this article analyses the legitimacy of the human rights mandate of the ECOWAS court and interrogates crucial issues relevant to the effectiveness of the mandate. The article suggests ways to enhance execution of the mandate and concludes with a call for careful judicial navigation in the exercise of the court's expanded jurisdiction.

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6

Hillion, Christophe, and Christophe Hillion. "Competence distribution in EU external relations after Ecowas: Clarification or continued fuzziness?" Common Market Law Review 46, Issue 2 (April 1, 2009): 551–86. http://dx.doi.org/10.54648/cola2009023.

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The ECOWAS case – Case C–91/05, Commission v. Council (“ECOWAS” or “Small Arms and Light Weapons”), Grand Chamber Judgment of 20 May 2008 – provided the first opportunity for the Court of Justice to speak out on a legal base conflict between the first (EC) and second (CFSP) pillars, and to shed some light on the distribution of competence between the EC and the EU. Although the Court at first sight opted for a clear preservation of the acquis communautaire, the judgment has implications for the distribution of external competences, both between the pillars and in relation to the Member States. In that, the ECOWAS pronouncement is a milestone in the Court of Justice’s jurisprudence on the EU external competence and legal basis, on the functioning of the EU system of external relations and, more generally, on the present and future constitutional architecture of the Union.

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7

Happold, Matthew. "Investor–State Dispute Settlement using the ECOWAS Court of Justice: An Analysis and Some Proposals." ICSID Review - Foreign Investment Law Journal 34, no. 2 (2019): 496–518. http://dx.doi.org/10.1093/icsidreview/siz028.

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Abstract In the light of increasing discontent with arbitration as a method of investor–State dispute settlement (ISDS), alongside proposals for the establishment of court systems for the settlement of such disputes, this article suggests that such a mechanism might already be available for West African States in the form of the Court of Justice of the Economic Community of West African States (ECOWAS). The ECOWAS Court of Justice, the article shows, can already deal with a variety of investor–State disputes, while reforms are suggested to extend its investment jurisdiction and render it more effective. Such initiatives, it argues, would assist in developing African States’ role as ‘investment rule makers’ rather than ‘rule takers’, as well as further ECOWAS’s mission to promote economic integration within West Africa.

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8

Ajulo, Sunday Babalola. "SOURCES OF THE LAW OF THE ECONOMIC COMMUNITY OF WEST AFRICAN STATES (ECOWAS)." Journal of African Law 45, no. 1 (April 2001): 73–96. http://dx.doi.org/10.1017/s0221855301001614.

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Articles 6(e) and 15(1–4) of the ECOWAS Revised Treaty (1993) provide for the establishment of a Court of Justice of the Community. These provisions should, however, be read along with those of the Protocol on the Community Court of Justice initialled in 1991. Attempts have been made to analyse various aspects of the institutions of the Community, including the Court of Justice. While Bankole Thompson examined the legal problems of the economic integration in West Africa, Kofi Oteng Kufuor attempted to look at the Court of Justice from the angle of compliance with its judgments by member states. Denakin, for his part, appraised generally the prospects of the Court.

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9

Enabulele, Amos O. "Sailing Against the Tide: Exhaustion of Domestic Remedies and the ECOWAS Community Court of Justice." Journal of African Law 56, no. 2 (August 23, 2012): 268–95. http://dx.doi.org/10.1017/s0021855312000058.

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AbstractThis article examines the practice of the ECOWAS Community Court of Justice relating to the exhaustion of domestic remedies. It argues that the court is wrong to maintain the view that it is not bound by the doctrine, simply because the court's protocol is silent on the point. The author urges the court to reconsider its view in order to align its practice with prevailing customary international law and treaty trends on the exhaustion of domestic remedies in international suits espoused before international courts by or on behalf of individuals.

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10

Enabulele, A. O. "Reflections on the ECOWAS Community Court Protocol and the Constitutions of Member States." International Community Law Review 12, no. 1 (2010): 111–37. http://dx.doi.org/10.1163/187197410x12631788215918.

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AbstractOnly recently, the jurisdiction of the Court of Justice of the Economic Community of West African States, which was hitherto opened only to Community States, was expanded to allow direct human rights violation claims by individuals. Though the court has since started to function, its impact is yet to be felt ‐ citizens of recalcitrant Community States still live in wanton violation of their rights in most of the States, where national courts are weak and effective remedies for rights violations largely nonexistent. This is consequent upon the failure of Community States to align their national laws with the new legal order represented by the Community Court; national laws and indeed national courts are still very hostile to the court and its judgements, thereby discouraging citizens from attending the court. This Article takes a look at the relevant provisions of the constitutions of Community States and advocates an urgent need for the cooperation to be forged between national legal systems and the community legal system through the amendment of hostile laws, as a prerequisite to the achievement of the virile community legal order.

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Enabulele, Amos O., and Anthony Osaro Ewere. "Can the Economic Community of West African States Community Court of Justice Enforce the African Charter Replicas of the Non-Justiciable Chapter II Human Rights Provisions of the Nigerian Constitution against Nigeria?" International Human Rights Law Review 1, no. 2 (2012): 312–37. http://dx.doi.org/10.1163/22131035-00102004.

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This article highlights a major source of tension between the Supplementary Protocol of the Economic Community of West Africa States Community Court of Justice (ECOWAS CCJ) and the Constitution of the Federal Republic of Nigeria, 1999 (CFRN), in relation to the enforcement of economic, social and cultural (ESC) rights against Nigeria, as manifested in a recent decision of the ECOWAS CCJ in Registered Trustees of the Socio-Economic Rights and Accountability Project (SERAP) v Federal Republic of Nigeria and Universal Basic Education Commission. The focus of this article on the tension is both from the perspective of Nigerian law and of the ECOWAS CCJ. It argues that while the CFRN cannot deprive the ECOWAS CCJ of the jurisdiction expressly given to it by its Protocols, the CFRN does have implications for the enforcement of any decision of the ECOWAS CCJ that offends its provisions within the CFRN sphere of superiority.

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12

Alter, Karen J., Laurence Helfer, and Jacqueline R. McAllister. "A New International Human Rights Court for West Africa: The ECOWAS Community Court of Justice." American Journal of International Law 107, no. 4 (October 2013): 737–79. http://dx.doi.org/10.5305/amerjintelaw.107.4.0737.

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The Community Court of Justice of the Economic Community of West African States (ECOWAS Court) is an increasingly active and bold adjudicator of human rights. Since acquiring jurisdiction over human rights complaints in 2005, theECOWASCourt has issued numerous decisions condemning human rights violations by the member states of the Economic Community of West African States (Community). Among this Court’s path-breaking cases are judgments against Niger for condoning modern forms of slavery and against Nigeria for impeding the right to free basic education for all children. TheECOWASCourt also has broad access and standing rules that permit individuals and nongovernmental organizations (NGOs) to bypass national courts and file suits directly with the Court. Although the Court is generally careful in the proof that it requires of complainants and in the remedies that it demands of governments, it has not shied away from politically courageous decisions, such as rulings against the Gambia for the torture of journalists and against Nigeria for failing to regulate multinational companies that have degraded the environment of the oil-rich Niger Delta.

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Adeyeye, Joel Adelusi. "ECOWAS Court of Justice: its linkage with the African Charter on Human and People’s Rights." Groningen Journal of International Law 10, no. 2 (February 8, 2024): 51–71. http://dx.doi.org/10.21827/grojil.10.2.51-71.

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This article considers the Community Court of Justice (CCJ) of the Economic Community of West African States (ECOWAS) and its linkage with the African Charter of Human and People’s Rights (ACHPR). No doubt when ECOWAS was established in 1975, the main objective was the economic integration of the sub-regional body. At the beginning, the CCJ was listed as one of the mandates of the economic bloc, but it was not until 1991 that the first Protocol which created the CCJ and which gives its composition and its functioning was adopted. The Revised Treaty of 1993 also provided for the establishment of the CCJ in its Article 15. The Protocol now makes references to the African Charter on Human and Peoples Rights (ACHPR) of the African Union (AU). Not only this, the Protocol also made reference to other international human rights instruments. The main objective of this work is to bring to fore that the jurisdiction of the CCJ is expansive and broad, and that the CCJ failed to utilise the expansive jurisdiction in the matter of the late President of Chad, Hissene Habre, against the Republic of Senegal, by ruling that the Senegalese court could not try him because this will violate the principle of non-retroactivity of penal law. This ruling led to the establishment of the Extraordinary African Chambers (a special criminal tribunal) that later tried Habre. Also, where it is appropriate and desirable, a comparison between, on the one hand, the CCJ and, on the other hand, African sub-regional courts and courts of international organisations will be made. It is also the contention of this article that the CCJ ought to have an Appeal Chambers, as a core international best practice. This work will adopt the doctrinal methodology and the data collection method is content analysis.

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14

Jamali, Ayyoub, and Martin Faix. "The Application of the Doctrine of Res Judicata in the Context of the African Court on Human and Peoples’ Rights: Analysis of the Court’s Decisions in the Gombert and Dexter Cases." Comparative Law Review 27 (December 22, 2021): 235–53. http://dx.doi.org/10.12775/clr.2021.009.

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As part of an ongoing discussion on the proliferation of the human rights judicial mechanism, this article critically analyses and unpacks the only two examples where the African Court had to decide on the application of the doctrine of res judicata under Article 56(7) of the African Charter. The Court declared both applications inadmissible on the grounds of their previous settlements by the ECOWAS Court of Justice and the United Nations Human Rights Committee. The article demonstrates that while the Court’s decision in the Gombert case appears to be correct in principle, its finding in the Dexter case is highly questionable and unconvincing.

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15

LOUA, Fréderic Foromo, and Jonathan KAUFMAN. "Molmou v Guinea: The ECOWAS Court of Justice at the Service of its Member States." Business and Human Rights Journal 2, no. 1 (December 23, 2016): 149–55. http://dx.doi.org/10.1017/bhj.2016.31.

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16

Possi, Ally. "The East African Court of Justice: Towards Effective Protection of Human Rights in the East African Community." Max Planck Yearbook of United Nations Law Online 17, no. 1 (2013): 173–95. http://dx.doi.org/10.1163/18757413-90000084.

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Human rights in Africa are under the microscope of regional and subregional mechanisms. The regional mechanism is under the auspices of the African Union (AU), in which human rights come under the scrutiny of the African Court on Human and Peoples’ Rights and the African Commission on Human and Peoples’ Rights. Sub-regional organizations, established as Regional Economic Communities (RECs), have recently developed their own jurisprudence in promoting and protecting human rights in Africa through their legally constituted institutions. The Economic Community of West African States (ECOWAS), the East African Community (EAC) and the Southern African Development Community (SADC) have emerged as front runners in realizing human rights in Africa. The principles governing the operations of the EAC in meeting its objectives include the promotion and protection of human rights. The EAC has established the East African Court of Justice (EACJ), tasked with interpreting and ensuring the application of the EAC Treaty. This article pinpoints key challenges that the EACJ is currently encountering and tries to find possible solutions which can improve the functioning of the EACJ to effectively protect human rights in the Community.

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Windridge, Oliver. "Zongo v. Burkina Faso, Judgment & Judgment on Reparations (Afr. Ct. H.P.R.)." International Legal Materials 56, no. 6 (December 2017): 1091–143. http://dx.doi.org/10.1017/ilm.2017.43.

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Does human rights law require countries to investigate serious crimes and bring those responsible to justice? And if so, how far must a country go to satisfy this requirement? This case concerns the murder of Norbert Zongo, an investigative journalist and director of the weekly Burkinabe magazine L'Indpéndenant, his younger brother Ernest Zongo, and two work companions. All four were killed in Burkina Faso on December 13, 1998, in suspicious circumstances. The case was brought by the families of Zongo and his colleagues (Individual Applicants) and the NGO Burkinabé Human and Peoples' Rights Movement (NGO Applicant, together the Applicants). The Applicants alleged that the murders of Zongo and his colleagues were not a random act of violence, but were instead related to their investigations into various political scandals, including those operating at the very highest levels of Burkinabe government. The Applicants claimed that Burkina Faso officials had not only failed to properly investigate the case, but also deliberately stymied the investigation, leading to a failure to bring those responsible for the deaths to justice. The judgment, rendered on March 28, 2014, is only the second judgment to be rendered on the merits by the African Court on Human and Peoples' Rights (the Court). The Court ruled unanimously that Burkina Faso had violated Article 1 and Article 7 of the African Charter on Human and Peoples' Rights. By a majority of 5 to 4, the Court also found that Burkina Faso had violated Article 9(2) of the African Charter on Human and Peoples' Rights and Article 66(2)(c) of the Revised Economic Community of West African States (ECOWAS) Treaty. Following the judgment on the merits, the Court rendered its reparations judgment, also included here. This is only the second reparations judgment rendered by the Court, and the first to award reparations to the victims.

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Anene-Maidoh, Tony. "Access to ECOWAS Court of Justice and the Impact of the Supplementary Protocol A/SP.1/01/05." Commonwealth Law Bulletin 33, no. 3 (September 2007): 429–40. http://dx.doi.org/10.1080/03050710701747310.

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Ntahiraja, Bernard. "Universal Jurisdiction and the Extraordinary African Chambers in the Senegalese Judicial System: Towards a Replicable Enforcement Model?" African Yearbook of International Law Online / Annuaire Africain de droit international Online 24, no. 1 (December 19, 2019): 272–99. http://dx.doi.org/10.1163/22116176_02401013.

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On 22 August 2012, the Republic of Senegal and the African Union agreed to create the Extraordinary African Chambers (EACs) within the Senegalese judicial system. The Chambers’ mission would be to try Hissène Habré for international crimes he had allegedly committed while he was President of the Republic of Chad (1982–1990). The Agreement recognised that even before its conclusion, Senegal enjoyed jurisdiction to try Habré and was even obliged to do so – unless it extradites him -. Senegal’s jurisdiction was based on the universality principle. The success of the trial – i.e. the conclusion of the criminal aspect of the proceedings – has brought some stakeholders to think and declare that a new enforcement mechanism of universal jurisdiction had been found. They argued that it could be generalised. This article questions that view. It first recalls the context in which the Chambers were created. The purpose is to demonstrate that their setting up resulted from a historical accident rather than a well thought out policy. The essential element of that context is the controversial judgment of the Court of Justice of the Economic Community of Western African States (ECOWAS). The article then undertakes a detailed presentation of the Chambers as a judicial institution, emphasising their composition. It finds out that the rationale behind the hybridity was the mere concern to comply with the judgment of the ECOWAS Court. At no point was the discussion about pursuing hybridity for its (alleged) intrinsic advantages. Lastly, the article balances the possible value-added of an EACs-like formula against the risks it presents when it comes to the enforcement of universal jurisdiction. It finds out that while the formula has no apparent advantages, there are risks attached to it. The most important of these is that it would decrease the likelihood of trials based on the universality principle in Africa.

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Chuma-Okoro, Helen. "The Nigerian Constitution, the ecowas Treaty and the Judiciary: Interplay of Roles in the Constitutionalisation of Free Trade." Global Journal of Comparative Law 4, no. 1 (April 17, 2015): 43–78. http://dx.doi.org/10.1163/2211906x-00401002.

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This paper discusses the Nigerian Constitution and the ecowas Treaty to determine whether and how they support free trade as envisioned in the Treaty, and the role of the judiciary in the realisation of this objective. Focusing on the ecowas Community Court and Nigerian superior courts vested with jurisdiction over constitutional matters, it argues that specific constitutional norms and policies of Nigeria inhibit the realisation of the objectives of free trade as constitutionalised in the ecowas Treaty. Relying on the principles of direct applicability and direct effect, and the arguments developed around these principles in relation to the obligations of State parties to treaties, it argues further that Community law should be applicable in national jurisdictions and enforced by national courts. Thus, Nigerian courts and the ecowas Community Court both have jurisdiction to arbitrate matters arising from national laws and policies having the effect of inhibiting the ecowas objectives of free trade. It concludes that while the ecowas and Nigerian frameworks support the interplay of roles in the adjudication and enforcement of ecowas norms, this would depend on the extent to which some of the constitutional and policy constraints in question are addressed.

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Orizaga Inzunza, Isabel Anayanssi. "Femicides: Different Approaches from the Regional Protection of Human Rights." Mexican Law Review 14, no. 1 (August 3, 2021): 53. http://dx.doi.org/10.22201/iij.24485306e.2021.1.16092.

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Since the adoption of the term femicide for gender-based killings of women, the theoretical development and transition of this definition to a legal concept has contributed to the acknowledgment of this phenomenon as the most extreme manifestation of violence against women. In the international sphere, the regional systems of protection of human rights appear as fertile soil for victims of femicide to claim protection. Consequently, the European Court, Inter-American, and the ECOWAS Court of human rights play an important role in the investigation, prosecution, and reparation of femicide in their regions. Nevertheless, through their jurisprudence in the matter, regional courts of human rights have adopted different approaches for femicide. This shows striking differences in the recognition of the phenomenon of femicide, the development of State obligations, and the reparation for victims. The minimalistic approach applied by the European Court in its cases, as well as a single precedent of feminicide studied by the ECOWAS Court, makes us turn the view to the Inter-American Court of Human Rights. Based on its maximalist approach, the Inter-American Court has gone beyond its sister courts to establish a consolidated recognition of the phenomenon of femicide, and to develop in a wider and deeper way the scope of State obligations and reparations on femicide cases.

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Happold, Matthew, and Relja Radović. "The ECOWAS Court of Justice as an Investment Tribunal." Journal of World Investment & Trade, February 21, 2018, 95–117. http://dx.doi.org/10.1163/22119000-12340078.

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Abstract This article considers the extent to which foreign investors in Member States of the Economic Community of West African States (ECOWAS) might be able to use the ECOWAS Court of Justice to protect their investments against actions of their host States. It does so taking into account the ECOWAS Supplementary Act on Investments and the jurisprudence of the Court of Justice on, in particular, the extent of its substantive jurisdiction. Although it is not suggested that the Court of Justice would be better forum than an international arbitral tribunal, it is argued that it has considerable advantages over national courts.

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Adigun, Muyiwa. "A human rights approach to climate litigation before the ECOWAS court." Environmental Law Review, October 4, 2023. http://dx.doi.org/10.1177/14614529231199378.

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Climate change can be litigated through tort, common law, statute/policy, public trust doctrine or human rights among others. While climate change litigation appears to have developed in states of the Global North, its use is still relatively recent in states of the Global South. Nor has it been seriously considered from the perspective of international tribunals from the Global South. Therefore, this study examines a human rights approach to climate change litigation in the Economic Community of West African States Court of Justice (ECOWAS Court). This study finds that there are some developments in certain jurisdictions which make a human rights approach promising in terms of locus standi, justiciability, causation and separation of powers and that they can be related to the jurisprudence of the ECOWAS Court. It also finds that the doctrine of exhaustion of local remedies does not apply to the ECOWAS Court. Based on these findings, it is argued that a human rights approach can be successfully deployed to litigate climate change before the ECOWAS Court and that it can wake up West African States from their lethargy in terms of policy on, and treatment of, climate issues. The study concludes that individuals and NGOs may adopt a human rights approach before the ECOWAS Court to influence policy change and/or state behaviour in West African States.

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Alter, Karen J., Laurence R. Helfer, and Jacqueline McAllister. "A New Human Rights Court for West Africa: The ECOWAS Community Court of Justice." SSRN Electronic Journal, 2013. http://dx.doi.org/10.2139/ssrn.2107427.

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Yougbaré, Robert. "Le mécanisme de garantie des droits de l’homme de la CEDEAO: entre emprunt et appropriation des instruments du système continental." African Human Rights Yearbook / Annuaire Africain des Droits de l’Homme 2 (March 3, 2022). http://dx.doi.org/10.29053/2523-1367/2018/v2n1a12.

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RÉSUMÉ: La Communauté Economique des Etats de l’Afrique de l’Ouest (CEDEAO) compte, depuis ce début de 21eme siècle, parmi les organisations de garantie des droits de l’homme, avec la révision du mandat de sa Cour de justice en 2005. Depuis, cette Cour officie dans le domaine des droits de l’homme, avec audace et volontarisme. Toutefois, l’exercice de ce mandat suscite quelques interrogations, relativement notamment à sa légalité et à son opportunité. En se penchant sur certaines de ces questions, la présente étude révèle qu’en dépit du silence des textes, le lien intrinsèque entre les droits de l’homme et la réalisation de son objet, légitime la revendication par l’organisation d’une compétence pour les protéger. Quant au dispositif - atypique – qui, en l’absence d’un catalogue propre, repose sur des normes exogènes que s’approprie l’organisation, il ne souffre d’aucune irrégularité. Des ressources du droit international, en général, et du droit de la CEDEAO, en particulier, soutiennent sa régularité, même si le régime des règles ainsi importées demeure indécis. Outre cette légalité établie, le mécanisme de la CEDEAO peut se prévaloir d’une certaine efficacité, en raison de la nature communautaire du système d’ancrage et de la juridiction immédiate qu’a revendiquée la Cour sur les cas de violations des droits de l’homme. TITLE AND ABSTRACT IN ENGLISH: The ECOWAS human rights protection mechanism amid borrowing and appropriation of the instruments of the continental system ABSTRACT: Since the beginning of the 21st century, the Economic Community of West African States (ECOWAS) has been ensuring respect for human rights. This shift in the mandate of ECOWAS was made possible by way of the revision of the substantive jurisdiction of its Court of Justice in 2005. The ECOWAS Court has since then courageously and actively adjudicated human rights matters. However, the jurisdiction of the Court raises some issues with respect to its legality. Looking at some of these issues, this study demonstrates that, despite the lack of any express provisions in the legal instruments, the relationship between human rights and the realisation of the ECOWAS objectives justifies the claim by the organisation to protect fundamental rights. Regarding the sui generis regime, which, absent its own bill of rights, relies on external norms (including the African Charter on Human and Peoples’ Rights) borrowed by the organization, it does not suffer from any illegality. Its regularity remains evidenced by the recourse to international law sources, in general, and particularly to sources of ECOWAS Community law, although the legal regime of these imported norms and standards remains unclear. Besides its well-grounded legality, the ECOWAS mechanism can, in addition, claim to be effective because of the communitarian nature of the anchoring system and the immediate jurisdiction the Court has claimed over cases of human rights violations.

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Ladan, Muhammed Tawfiq. "The Prospect of Public Rights Litigation Before the ECOWAS Court of Justice." SSRN Electronic Journal, 2014. http://dx.doi.org/10.2139/ssrn.2547441.

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Ladan, Muhammed. "Appraisal of the Human Rights Mandate of the ECOWAS Court of Justice." SSRN Electronic Journal, 2018. http://dx.doi.org/10.2139/ssrn.3253139.

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Imam, Ibrahim, and Wahab O. Egbewole. "Weakening National Judicial Institutions and the Rescue Mission of Regional Courts: A Critical Assessment of the ECOWAS Community Court of Justice." Journal of Law, Society and Development 7 (November 29, 2021). http://dx.doi.org/10.25159/2520-9515/7073.

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Regional courts are currently functioning effectively in the continent of Africa in response to the progress in economic assimilation initiatives. The Economic Community of West African States (ECOWAS) Community Court of Justice (ECCJ) has been particularly active, handing out rulings on subjects ranging from human rights infringements, the validity of national elections, to the freedom of movement. Further, the judiciary is responsible for the interpretation of laws within the state, a position which is generally altruistic for most constitutional arrangements in the West African sub-region. However, democratic governance, in most of the states constituting the ECOWAS, is challenged by power dynamics that have created a senior/junior partnership relationship among the arms of government; and in particular, the dominance of the executive over other arms of government. This state of affairs affects mostly the judiciary, and by extension impacts litigants’ confidence in the judicial systems within the sub-region. This consequently explains citizens’ options to approach the ECCJ for resolution of disputes. This paper seeks to interrogate the causes that have weakened judicial systems within the sub-region, using Nigeria as a case study to determine how the ECCJ intervenes on such matters and the challenges regarding the execution of its judgments. Further comparative analysis of the SADC Tribunal shall be explored. The paper concludes by providing possible ways for the judiciary to navigate the challenges and also recommending how the justice sector can generally be strengthened.

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29

Banjo, A. "The ECOWAS Court and the Politics of Access to Justice in West Africa." Africa Development 32, no. 1 (July 29, 2010). http://dx.doi.org/10.4314/ad.v32i1.57155.

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30

Ladan, Muhammed. "An Appraisal of the Judgement Enforcement Mechanism of the Ecowas Court of Justice." SSRN Electronic Journal, 2023. http://dx.doi.org/10.2139/ssrn.4461024.

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31

Stephen, Temitope. "The Human Rights Jurisdiction and Jurisprudence of the Community Court of Justice of ECOWAS." SSRN Electronic Journal, 2020. http://dx.doi.org/10.2139/ssrn.3750610.

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32

Ebobrah, Solomon Tamarabrakemi. "Dual Mandate, Varied Authority: The Skewed Authority of the ECOWAS Community Court of Justice." SSRN Electronic Journal, 2016. http://dx.doi.org/10.2139/ssrn.2776615.

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33

Okafor, Obiora Chinedu, Udoka Ndidiamaka Owie, Okechukwu Effoduh, and Rahina Zarma. "The ECOWAS Court and Civil Society Activists in Nigeria: An Anatomy and Analysis of a Robust Symbiosis." African Journal of Legal Studies, May 31, 2022, 1–31. http://dx.doi.org/10.1163/17087384-bja10068.

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Abstract This article focuses on, and attempts to explain, two key aspects of the relationship between the Community Court of Justice of the Economic Community of West African States or ECOWAS Court and Nigerian civil society activists or CSA s. It analyses the available evidence on the ways in which these CSA s have contributed – to the generation of this regional court’s impact on the executive, judicial and legislative branches of government in Nigeria as well as analyses the available evidence regarding the impact that the court – through a combination of its design, orientation and decisions – has in turn had on the conception and dramatisation of civil society activism in Nigeria. The article develops an analytical explanation for the emergence and sustenance of the robust symbiosis that is thus revealed between the Court and this specific but important national community of civil society activists.

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34

"Incorporated Trustees of Laws and Rights Awareness Initiatives v. Federal Republic of Nigeria." International Law Reports 197 (2021): 315–51. http://dx.doi.org/10.1017/ilr.2021.82.

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315Human rights — Freedom of expression — Freedom of the press — Legal restrictions limiting freedom of expression — Penal sanctions in laws which limit freedom of expression — Whether Section 24 of Cybercrimes Act 2015 violating Article 9(2) of African Charter on Human and Peoples’ Rights, 1981 and Article 19(3) of International Covenant on Civil and Political Rights, 1966 — Whether Nigeria violating applicant’s right to freedom of expressionRelationship of international law and municipal law — Treaties — Human rights treaties — Treaty obligations — Cybercrimes Act 2015 — Compliance of Nigeria’s cybercrime law with regional and international treaty obligations — African Charter on Human and Peoples’ Rights, 1981, Article 9(2) — International Covenant on Civil and Political Rights, 1966, Article 19(3) — Revised Treaty of the Economic Community of West African States, 1993 — Whether Nigeria violating applicant’s right to freedom of expressionInternational tribunals — Jurisdiction — Community Court of Justice of Economic Community of West African States — Admissibility of application — Whether Court having jurisdiction to examine domestic legislation of ECOWAS Member States — Whether allegation of human rights violation — Whether Court competent to examine the cause

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35

Ladan, Muhammed Tawfiq. "The Legal Aspect of Regional Integration in West Africa and the Role of the ECOWAS Court of Justice." SSRN Electronic Journal, 2015. http://dx.doi.org/10.2139/ssrn.2595262.

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36

Ebobrah, Solomon Tamarabrakemi. "The Role of the ECOWAS Community Court of Justice in the Integration of West Africa: Small Strides in the Wrong Direction?" SSRN Electronic Journal, 2015. http://dx.doi.org/10.2139/ssrn.2621453.

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37

Adjolohoun, Sègnonna Horace, and Eric M. Ngango Youmbi. "L’émergence d’un juge électoral régional africain." African Human Rights Yearbook / Annuaire Africain des Droits de l’Homme 3 (March 3, 2022). http://dx.doi.org/10.29053/2523-1367/2019/v3a2.

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RÉSUMÉ Les élections en Afrique sont des moments qui cristallisent de grandes tensions et s’accompagnent bien souvent de crises politiques. Dans un contexte de perte de confiance et de disqualification du juge national, considéré comme l’allié du pouvoir, la présente contribution pose la question du recours à la solution juridictionnelle supranationale. Nous y soutenons tout d’abord, dans une approche positiviste et contentialiste, l’émergence progressive d’un juge électoral africain à l’identité plurielle. Ce juge, nous arguons, a conquis ses titres de compétences originellement sous la bannière d’instruments classiques de protection des droits de l’homme puis, progressivement, par l’avènement plus récent de conventions hybrides régulant la démocratie, les élections et la gouvernance politique. Les décisions de la Commission et de la Cour africaines des droits de l’homme et des peuples ainsi que celles des Cours de justice de la CEDEAO et de la Communauté d’Afrique de l’Est, ayant trait à la matière électorale, en donnent une parfaite illustration. Nous relevons ensuite qu’il s’agit d’un juge à la juridiction limitée, en ce que sa compétence est sujette à l’observance de la traditionnelle condition d’épuisement des recours internes et qu’il applique exclusivement la norme de référence prévue par le législateur et dont il a reçu mandat de sauvegarde. Il s’agit enfin d’un juge à l’imperium discuté, dont l’autorité des décisions est à géométrie variable et les garanties d’exécution incertaines. TITLE AND ABSTRACT IN ENGLISH: The rise of an African regional electoral judge ABSTRACT: Elections in Africa are moments of great tension, which often come with political crises. In a context where the municipal election judge is untrusted and disqualified due to its perceived affiliation with the ruling party, this paper is devoted to appraising the alternative remedy of supranational mechanisms. Based on a positivistic and litigation standpoint, we observe the steady rise of an African regional electoral judge of a plural identity. This judge, we argue, was originally entrusted with jurisdiction as prescribed in traditional human rights instruments and, progressively in the recent years, in hybrid legal instruments pertaining to democracy, elections and political governance. This trend is well illustrated by the decisions of the African. Commission and African Court on Human and Peoples’ Rights, as well as those of the ECOWAS and East African Courts of Justice relating to electoral matters. We further stress that the African regional election judge enjoys a limited jurisdiction, in that he is required to observe the well-established rule of exhaustion of local remedies and that he exclusively adjudicate on the applicable law as prescribed by the legislator and which he was entrusted to supervise. The authors finally posit that the judicial powers of the regional judges are disputed, and their decisions enjoy a variable authority while guarantees of their enforcement is uncertain.

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38

Alvarado, M. "Court of Justice." European Taxation 58, no. 9 (August 9, 2018). http://dx.doi.org/10.59403/12gt673.

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39

Morales, T. "Court of Justice." European Taxation 60, no. 12 (November 18, 2020). http://dx.doi.org/10.59403/st627g.

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This overview highlights the General Court’s decision on the incompatibility of the Spanish tax lease system for the purchase of vessels with State aid rules and the ECJ’s decision on legislation of a Member State that excludes the possibility of an effective judicial remedy against a request for information arising from an exchange of information request from another Member State.

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Kulcsár, T. "Court of Justice." European Taxation 54, no. 10 (September 10, 2014). http://dx.doi.org/10.59403/pjxvq3.

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41

Popa, O. "Court of Justice." European Taxation 56, no. 4 (March 18, 2016). http://dx.doi.org/10.59403/8kw6jk.

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42

Ambagtsheer-Pakarinen, L. "Court of Justice." European Taxation 57, no. 4 (March 15, 2017). http://dx.doi.org/10.59403/3zfrwbd.

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43

Morales, T. "Court of Justice." European Taxation 61, no. 8 (July 28, 2021). http://dx.doi.org/10.59403/238tqmw.

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44

Pakarinen, L. "Court of Justice." European Taxation 53, no. 9/Special Issue (August 8, 2013). http://dx.doi.org/10.59403/27xq0cp.

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45

Alvarado, M. "Court of Justice." European Taxation 59, no. 9 (August 20, 2019). http://dx.doi.org/10.59403/3bvh1wr.

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46

Alvarado, M. "Court of Justice." European Taxation 60, no. 5 (April 21, 2020). http://dx.doi.org/10.59403/2b1pyfc.

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47

Alvarado, M. "Court of Justice." European Taxation 60, no. 1 (December 19, 2019). http://dx.doi.org/10.59403/3ydew3h.

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48

Pakarinen, L. "Court of Justice." European Taxation 52, no. 5 (April 2, 2012). http://dx.doi.org/10.59403/2arzrjy.

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49

Ambagtsheer-Pakarinen, L. "Court of Justice." European Taxation 55, no. 7 (June 5, 2015). http://dx.doi.org/10.59403/2evp72b.

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50

Ambagtsheer-Pakarinen, L. "Court of Justice." European Taxation 54, no. 12 (November 5, 2014). http://dx.doi.org/10.59403/28ssb09.

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