AN EVALUATION OF THE FUNCTION OF THE ECOWAS COURT OF JUSTICE IN UPHOLDING HUMAN RIGHTS

AN EVALUATION OF THE FUNCTION OF THE ECOWAS COURT

ABSTRACT

In accordance with the ECOWAS Treaties of 1975 and the Revised Treaty of 1993, this study investigated the function of the ECOWAS Community Court of Justice (ECCJ) in explicitly protecting human rights in the West African subregion.
The ECOWAS treaties, conventions, and protocols were the subject of the study. However, references to comparable international, regional, and national treaties, agreements, and protocols were made, including the European Economic Community, the African Charter on Human and Peoples’ Rights, and the United Nations Charter on Human Rights.
In order to achieve the implementation of human rights in the ECOWAS Community Court of Justice, the nature and functions of the ECOWAS mandate were studied.

In keeping with this, a doctrinal approach to research was used to explore the nature and boundaries of not just the human rights ideas but also the jurisdiction of the ECOWAS Court of Justice in order to attain this purpose. Utilizing both primary and secondary sources of information, including the

As they applied to their respective regions, other international and regional community laws included the 1975 ECOWAS Treaty, the 1993 Revised Treaty, ECOWAS Protocols, and Conventions.

We also took into account the contributions made by academic experts on the subject as we were researching the function of the ECOWAS Court of Justice in upholding human rights under its treaty, such as utilizing both primary and secondary sources of information, including the

The ECOWAS treaty of 1975, the updated treaty of 1993, the ECOWAS protocols and conventions, as well as other international and regional community legislation as they pertained to their respective regions, were used as both primary and secondary sources of information to do this.
We also took into account the contributions made by academic experts on the topic, such as in text books, journals, articles in magazines and newspapers, and most importantly, some case law reports from the rulings of the ECOWAS Community Court of Justice, since we were researching the function of the ECOWAS Court of Justice in upholding human rights under its treaty.

The analysis of the ECOWAS Court of Justice’s rules of procedure and evidence was more significant for the people of the ECOWAS member states, justice and access to justice are important. Because of this, it was deemed essential to review a few of the chosen case laws decided by the ECOWAS Court of Justice.

Based on the foregoing, we identified the issues with the ECOWAS Treaty’s implementation that affected the protection of human rights at the end of this work with the intention of resolving them by offering reasonable solutions and recommendations. Researchers, students, human rights organizations, all ECOWAS member states, Africa, and the rest of the world were expected to greatly benefit from this contribution to knowledge in this field.

TABLE OF CONTENTS

Title page…………………………………………………………………………i

Declaration……………………………………………………………………….ii

Certification……………………………………………………………………….iii

Acknowledgement……………………………………………………………….iv

Dedication…………………………………………………………………………v

List of abbreviations……………………………………………………………..vi

Abstract……………………………………………………………………….…viii

Table of Statutes……………………………………………………………… x

Table of Cases…………………………………………………………………xiii

Table of Contents……………………………………………………………. xvii

 

CHAPTER ONE

1.0    GENERAL INTRODUCTION

1.1    BACKGROUND TO THE RESEARCH

Beginning in the early 1960s, there was a push for the creation of the ECOWAS Court of Justice and an economic community that included all of the West African governments. After the majority of these nations had won their freedom from previous colonial powers like the United Kingdom and France, the initiative was sought.
Nigeria, Ghana, Burkina Faso, Mauritania, Togo, Cote d’voire, Mali, Senegal, Niger, Gambia, Sierra Leone, Liberia, Republic, Chad and Cape Verde and Benin are the fifteen nations that make up the Economic Community of West African States, or ECOWAS.

The Treaty of Lagos, which was signed on May 28, 1975, established ECOWAS. We will separate the primary justifications for the founding of ECOWAS into two categories, which include:
1. The distant causes, such as: the equality and interdependence of member states; solidarity and collective self-reliance; interstate cooperation, harmonization of policies, and integration of programs; encouragement of a harmonious growth of economic activities among member states; and adherence to the community’s legal system; peaceful resolution of disputes among member states; active cooperation, accountability, economic justice and public participation in development

The General Agreement on Tariffs and Trades’ Article xxiv serves as the foundation for the regional organization known as ECOWAS (GATT). As a result, all ECOWAS members are also automatically GATT members.
In order to improve economic self-reliance and support indigenous and self-reliant development, this Article calls for the promotion of economic, social, and cultural development as well as the integration of the economies of the States.

A number of political disputes, hunger, and natural catastrophes are the immediate causes that now fall under ECOWAS’s goals and objectives. The maintenance of regional peace and security as well as human rights issues are now part of ECOWAS’s expanded mission or function. Regarding human rights and the preservation of regional peace and security, the current amended version of the ECOWAS Treaty made provisions. Therefore, during their early stages of development, the majority of ECOWAS governments concentrated on solidifying their independence and steadfastly defending their national sovereignty. The extraordinary suspicion and the political and ideological disparities among the West African States are closely related to this.

These, however, posed a threat to the member States’ amicable interstate relations. This prompted the creation of ECOWAS in order to strengthen ties amongst the nations. Due to several scientific and technical advancements, the globe is progressively becoming a “global village,” and smaller economic blocs in the shape of small countries are becoming more and more ineffective at managing resources. Therefore, in order to increase their economic might, the smaller countries must join alliances.
In other places, small economic blocs are also not well-positioned to compete internationally with bigger nation states. Thus, establishing a regional organization like the ECOWAS is a tough task.

In addition to economic integration issues like the harmonization and coordination of their national economic policies as well as: i. the promotion and integration of socio-economic and political programs, projects, and activities that include transportation, information, education policies, culture, science, tourism, and environmental issues, the ECOWAS Court, which was initially formed exclusively as an economic organization, was later expanded to include human rights issues.
the creation of an ECOWAS single market, environmental protection, joint production companies, trade liberalization and tariff distribution, the promotion of balanced development, and the creation of a fund for collaboration, compensation, and development. Evaluation and function of the ECOWAS court.

1.2 STATEMENT OF THE RESEARCH PROBLEM

The political groupings and their orientation were the root of ECOWAS’ troubles, which culminated in a lack of commitment to the organization’s policy implementation, particularly between the Anglo- and Francophone members. Below are some of these issues mentioned.
1.2.1 Lack of development issue
Corruption, which prevents economic development in the sub-region, is ECOWAS’ main issue.
Extortion concerns at border crossings by employees of the relevant agencies, such as customs, immigration authorities, coastal guards, and police, etc., are making it difficult to achieve the goals of removing trade barriers within ECOWAS regional trading connections. Evaluation and function of the ECOWAS court.
However, West African (WA) nations have not yet reached the level of economic development maturity obtained by the majority of European nations. The impact of those less developed neighboring nations may have a detrimental and significant impact on Nigeria’s development.
According to the proverb, no person is an island, and hence, no nation is an island. For the ECOWAS to thrive economically and meaningfully, all member nations depend on one another. It was widely believed that the problem of the economic underdevelopment of the ECOWAS member nations could be resolved by the creation of a regional organization similar to ECOWAS. If that were the case, why hasn’t the economic and legal growth of the majority of the ECOWAS member states been addressed since the organization’s founding in 1975? This is the issue we’ll have the most trouble identifying in this work.

1.2.2 The issue of colonialism and how the Treaty is actually implemented
How to remove all kinds of colonialism and protect national sovereignty and territorial integrity is a critical issue for ECOWAS.
An important barrier to ECOWAS integration is the colonial legacy issue left by Britain and France, the former colonial functions of member states. For instance, whereas Britain used direct and indirect rule, France used the assimilation strategy, which required residents of all Francophone governments to adopt a French identity in all respects. The ECOWAS legal integration policy was severely impacted by this. As an illustration, consider how the ECOWAS Treaty’s legal requirements could be changed to better accommodate all of the member nations. In fact, this was one of the factors that led to the 1993 revision of the 1975 ECOWAS Treaty. Evaluation and function of the ECOWAS court.

The European Economic Union (E.U.) Treaty, which ECOWAS imitated, essentially reflects the economic realities of Europe, which has contributed to the E. U.’s success. How can the ECOWAS Treaty, which reflects the realities of the African continent, be made to function in a setting distinct from that of Europe? This is just another issue with the study.

To further clarify the issue, how can the ECOWAS Legal and Economic Treaty be effectively applied since no country in the organization possesses the essential legal and economic requirements that the others do not?

For instance, if Ghana is able to produce refrigerators, televisions, vehicles, and other items that Nigeria or any other ECOWAS member state is unable to, but they choose to purchase from Ghana. Thus, economic integration will be encouraged. Sadly, none of these nations produce any of the necessities and necessities that the other nations have. This makes the ECOWAS Treaty more difficult to implement and realize.