Mandate & Jurisdiction
MANDATE OF THE COURT
As the principal legal organ of the Community, the primary responsibility of the Court is to ensure respect of the law and to rule on the legality in the interpretation and application of the provisions of the Revised Treaty, related Protocols, Conventions and other texts of the Community. However, the Court has four clear distinct mandates as a community court, as an administrative court, as a human rights court and as an arbitration tribunal.
JURISDICTION OF THE COURT
The Court has both contentious and non-contentious jurisdiction. Article 9 of the Protocol on the Court as amended by the 2005 Supplementary Protocol, provides for the contentious jurisdiction of the Court while Article 11 of the Protocol of 1991 (as amended) provides for the non-contentious jurisdiction of the Court.
Contentious Jurisdiction
Article 9 of the Protocol on the Court as amended by Supplementary Protocol A/SP.1/01/05 provides for the contentious jurisdiction of the Court to:
- interpret and apply the Treaty, Conventions, Protocols, regulations, directives, decisions and other legal texts of the Community;
- determine the legality of regulations, directives, decisions and other subsidiary legal instruments adopted by ECOWAS;
- adjudicate on the failure by Member States to honour their obligations under the Treaty, Conventions, Protocols, regulations, directives or decisions of ECOWAS;
- adjudicate on disputes between Institutions of the Community and their officials;
- determine cases of violation of human rights that occur in any Member State;
- act as an arbitral tribunal pending the establishment of the Arbitration tribunal
- settle disputes in agreements where parties have specified that the Court will settle any dispute that arises therefrom;
- adjudicate on specific disputes on referral by the Authority of Heads of State and Government.
Non-contentious jurisdiction – Advisory opinions
Article 11 of the 1991 Protocol (as amended) empowers the Court to give advisory opinions on request, to the Authority of Heads of State and Government, Council of Ministers, Member States, the President of the Commission and any other institution of ECOWAS on questions regarding the Revised Treaty.
