Court’s History
THE COMMUNITY COURT OF JUSTICE
- The ECOWAS Court of Justice, officially called the Community Court of Justice of the Economic Community of West African States (ECOWAS), is the judicial institution tasked with interpreting and applying ECOWAS Revised Treaty, Protocols, Conventions and other legal texts. It plays a vital role in promoting regional integration, safeguarding the rule of law and protecting human rights within the 15-member West African bloc.
FOUNDING AND HISTORY
- The ECOWAS Court was established in 1991 by the Protocol A/P.1/7/91, with its establishment envisioned under the 1975 Treaty of Lagos, which created ECOWAS. However, it was not until January 2001 that the Court became operational with the swearing in of its pioneer judges in Bamako, Mali. Initially, the Court’s jurisdiction was limited, focusing on cases involving Member States or institutions of ECOWAS, particularly in disputes arising from the interpretation of the Treaty.
- In 2005, the Court’s mandate expanded significantly with the Supplementary Protocol A/SP.1/01/05. This Protocol empowered the Court to hear cases from individuals on issues related to human rights violations, making the ECOWAS Court one of the few international courts where individuals have direct access without requiring their governments to represent them. This expansion underscored ECOWAS’s commitment to human rights, justice, and accountability.
- The seat of the Court is in Abuja – Nigeria. However, the Court may choose to hold one or more sessions in other member states, where necessary.
Organisation
- Hon. Justice Edward Amoako Asante (Ghana), Hon. Justice Gberi-bè Ouattara (Côte d’Ivoire), Honorable Justice Dupe Atoki (Nigeria), Honorable Justice Keikura Bangura (Sierra Leone), Honorable Justice Januária Tavares Silva Moreira Costa (Cape Verde)
LANDMARK CASES
Over the years, the ECOWAS Court has ruled on several landmark cases involving human rights, governance and accountability of member states.
- Cases on freedom of expression and arbitrary detention have strengthened protection for journalists and activists.
- Economic rights cases have addressed wrongful termination, labour rights, and government accountability in contractual obligations.
- Women’s rights cases have addressed discrimination against women and gender stereotypes that negatively affect the rights of women, including dealing with issues of discrimination of girls in schools, slavery and forced marriage.
