The ECOWAS Community Court of Justice will on Tuesday, February 20, deliver Judgment in a suit filed by Yoda Yacouba, a Burkinabe for alleged violation on his right to property and protection of law by Togo government.
Mr Yacouba alleged that some vehicles he ordered from Italy were impounded on the orders of the country’s national court at the port of Lome.
A statement issued by the ECOWAS Community Court of Justice and copied to the Ghana News Agency in Accra on Monday said in suit no. ECW/CCJ/APP/17/16, the Plaintiff averred that the action of the government of Togo constituted a breach of trust as he had made arrangements to take delivery of the vehicles, but was told by his agent, Douda Guebre that two of the vehicles were allegedly released to one Mr Dieng Serigne Saliou, a Senegalese, based on fake documents.
The statement said in documents filed before the Court, the plaintiff alleged that his effort to clear the vehicles were also frustrated by one Mainetti Tino, an Italian who filed an application against him in a national Court of Burkina Faso on October 13 2009 for breach of trust resulting in his arraignment and subsequent acquittal on November 20 2009.
Following his acquittal, he returned to Lome to clear the vehicles only to be told by his agent that the vehicles could not be released to him because of a judicial order no 052 dated May 27 2010 issued by a national court of Togo.
The Plaintiff is therefore urging the Court to hold Togo responsible for the violation of his rights as a result of the malfunctioning of the judicial and general administrative systems of the Defendant, the Togolese Republic.
On the panel for this case are Honourable Justice Jerome Traore (presiding), Honourable. Justice Hameye Foune Mahalmadane and Honourable. Justice Maria do Ceu Silva Monteiro.
The Court would also hear the case ECW/CCJ/APP/01/18 involving Mr Khalifa Ababacar Sall and five others who accused the Republic of Senegal of violating their human rights for holding views contrary to those of the ruling party over impending local government and legislative elections.
In the initiating application, the Plaintiffs alleged that the Senegalese government had violated their rights to presumption of innocence, right to hear/call witnesses, right to impartial investigation, right to fair hearing amongst other listed violations.
The plaintiffs asked the Court to award them 50 billion FCFA as reparation for the prejudice suffered as a result of the violation of their human, civic and political rights.