ECOWAS Court dismisses 3 cases
The Economic Community of West African States (ECOWAS) Community Court of Justice, has dismissed three cases brought by Community citizens alleging the violation of their human rights by Member States of the Community.
One Mr Abdoulaye Koba of Niger had sued the Republic of Niger claiming 100 million CFA in damages for the violation of his human rights over the failure of the state-owned Bank for Development to pay him the balance of his 14,989,407 million CFA owed him by the now defunct bank.
In the suit number ECW/CCJ/APP/18/15, the plaintiff claimed that the amount of money awarded him by the national court in Niger as settlement was less than what accrued to him from the bank.
In a statement to the Ghana News Agency in Accra , Ugoh Sunny, Head of Division, said the judgment read by Justice Alioune Sall, held that it lacked the jurisdiction to hear the case on its merit.
The statement said the Court also dismissed a case brought by 115 citizens of the Republic of Guinea alleging human rights violations against their country for authorizing Soguipah, an agro-business company to illegally and forcefully occupy their land as part of its expansion programme thereby depriving them of their source of livelihood as farmers.
According to the statement the plaintiffs led by Marie Molmon alleged in the suit with 114 others that they were arbitrarily arrested, harassed and later detained under inhuman conditions by security agents following a peaceful demonstration against the seizure.
In delivering judgement, the Court held that although it had jurisdiction to hear the case, Soguipah was not a proper party in the case and therefore dismissed the case for lack of merit.
The statement said in the third case concerning La Societe du Pont de Kayes and the Republic of Mali, the Court decided after hearing both parties at an earlier session that it lacked jurisdiction to entertain the case on its merit.
The company, which is registered in Mali, had a claim that the unilateral cancellation of a contract it won to manage the ‘Kaye’ toll bridge over a period of 20 years violated its economic rights, particularly Article 33 of the agreement to that effect.
However counsel for the Republic of Mali had argued that it was an administrative matter that has nothing to do with human rights violation.