By: Mercy Peter
The ECOWAS Court of Justice, Friday dismissed the case challenging the Authority of Heads of State and Government of Economic Community of West African States to sanction Burkina Faso, Mali and Niger Republic over military take over in the three countries.
The judgment was delivered in the matter of Mr. Zadi Philipe v. The Authority of Heads of State and Government of ECOWAS & ECOWAS Commission.
The Court also dismissed all the applicant’s claims, saying that the application was not well-founded.
In his application, Mr. Zadi Philipe, a citizen of Côte d’Ivoire, alleged that the measures imposed on the Republic of Mali by ECOWAS at its 4th Extra-Ordinary Session on 9th January 2022, prevented him from returning to Abidjan as scheduled, causing him financial loss.
He sought compensation for the damages incurred.
Despite being duly served, the respondents did not enter an appearance or defend the claim. As a result, the applicant sought a Judgment by Default, pursuant to Article 90 of the Rules of the Court and the latter declared that the application was not well-founded and dismissed all claims made by the applicant.
In the judgment delivered by Justice Sengu Mohamed Koroma, Judge Rapporteur, the Court established that it has jurisdiction under Article 9(1)(g) of the Supplementary Protocol on the Court, which grants it competence to hear cases seeking damages against a community institution for acts performed in an official capacity. The Court also held that the application was properly submitted and met the necessary procedural requirements under the Court’s Rules.
Deciding on the Merits of the Case, the Court examined whether the measures imposed by ECOWAS were arbitrary and whether they violated Community law. It found that the sanctions were taken within the framework of Article 77(3) of the Revised ECOWAS Treaty, which authorizes the Authority of Heads of State and Government to impose necessary measures
in response to a Member State’s non-compliance with its obligations.
Consequently, it declared that the application was not well-founded and dismissed all claims made by the Applicant.
The three-member panel of the Court were Honourable Justice Sengu Mohamed Koroma (presiding and judge rapporteur), Honourable Justice Dupe Atoki, (Panel member) and Honourable Justice Edward Amoako Asante (Panel member).
