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

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

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THE DOCTRINE OF EQUALITY BEFORE THE LAW

In BADINI SALFO V THE REPUBLIC OF BURKINA FASO JUD NO: ECW/CCJ/JUD/13/12, the Court while relying in its judgment in CNDD v. COTE D’ IVOIRE (2009) Para 55, and PROF. ETIM MOSES v. REP OF GAMBIA, (2007) Para 31, held that: “Equality before the law presupposes that equal treatment is accorded people finding themselves in similar situations. Thus, examining the allegation of the violation of the principle of equality requires that, at least two similar legal situations be put side by side as to compare and find out whether an ill treatment was concretely meted out to either one or both of them”.

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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

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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”.

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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

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ALLEGATION OF HUMAN RIGHTS VIOLATION IS ENOUGH TO TRIGGER THIS COURT JURISDICTION

In the case of His Excellency Vice-President Alhaji Samuel Sam-Sumana v. Republic of Sierra Leone.-SUIT NO: ECW/CCJ/APP/38/16 and JUD NO: ECW/CCJ/JUD/19/17 (At page 14 of the judgment); the court held that: “Indeed Allegations of violations of Human Rights by an Applicant is sufficient to invoke the jurisdiction of this Court. This is distinct from the issues of the veracity of the allegation.”

GRANT OF AMICUS CURIAE BEFORE THE ECOWAS COURT

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

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THE DOCTRINE OF EQUALITY BEFORE THE LAW

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THE RIGHT TO BE HEARD CONNOTES AN OPPORTUNITY TO MAKE REPRESENTATION

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ECOWAS COURT CANNOT ENTERTAIN A CASE ALREADY DETERMINED BY COMPETENT INTERNATIONAL COURT

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ONLY PARTIES TO TREATISES CAN BE BOUND AND HELD RESPONSIBLE

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ALLEGATION OF HUMAN RIGHTS VIOLATION IS ENOUGH TO TRIGGER THIS COURT JURISDICTION

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