Abuja - Nigeria — The 2012/2013 Legal Year of the ECOWAS Community Court of Justice opens on Thursday 27th September, 2012 at the seat of the Court in Abuja. The opening ceremony affords the Court the opportunity to brief stakeholders on its activities in the past year and to highlight its programme for the new legal year.
The theme of this legal year is "The Community Court of Justice and the effectiveness of the implementation of ECOWAS Community Law." The Community Court of Justice plays a vital role in the implementation of the Community law by ensuring the observance of law and justice in the interpretation and application of ECOWAS Community texts. It is also saddled with the responsibility of settling disputes such as may be referred to it in accordance with the Revised Treaty and other Community texts.
The Court as the principal legal organ of the Community was established pursuant to the provisions of Article 15 of the Revised ECOWAS Treaty. Specifically, Protocol A/P1/7/91 as amended provides that the primary function of the Court is the interpretation and application of the provisions of the Treaty, Protocols and Conventions annexed thereto as well as subsidiary legislation of ECOWAS, which forms the basis of the ECOWAS Community Law. In the discharge of its judicial function, the Court is independent of the Member States and Institutions of the Community.
The jurisdiction of the court is clearly spelt out in Article 9 of Protocol A/P1/7/91 as amended by the 2005 Supplementary Protocol A/SP.1/01/05. A key aspect of the competence of the Court is that it has jurisdiction to determine cases of violation of human rights that occur in any Member State. Individuals have direct access to the Court in respect of human rights violation and in a few other causes of action. In accordance with its core mandate, the Court has effectively interpreted and applied ECOWAS community texts in the cases that have been brought before it.
It has also given advisory opinion to ECOWAS Institutions that have so requested. From inception, the Court of Justice has held 374 Court sessions and delivered 108 decisions including Judgments and final Rulings. Article 15 (4) of the Revised Treaty provides that Judgments of the Court are binding on all Member States, Individuals and Corporate Bodies. Under Article 24 of the Protocol of the Court as amended by the Supplementary Protocol, Member States are responsible for the enforcement of the decisions of the Court in accordance with their own rules of civil procedure.
To date, only three Member States have appointed the competent national authority for the enforcement of the Court's decisions; namely, the Federal Republic of Nigeria, Republic of Niger and Republic of Guinea. The ECOWAS Court of Justice has contributed immensely to the development of ECOWAS Community law through its bold judicial pronouncements. Still, legal experts are of the view that the Community legal order will be greatly enhanced if national courts of Member States refer questions of Community law to the ECOWAS Court of Justice for interpretation.
Presentations at the opening of the 2012/2013 legal year, will include "Preliminary ruling as a means of legal integration and consolidation of Community law by national courts of a Member State" by Rose Julie Ouedraogo, Investigating Judge in Ouagadougou; "The path of consolidating the legal and Judicial integration in ECOWAS: The point of view of the academia" by Prof. Tawfiq Ladan, Professor Emeritus in International Law, Ahmadu Bello University, Zaria, Nigeria, and "The role of the ECOWAS Commission" by a representative of ECOWAS Commission. Also expected at the event, are Heads of ECOWAS Institutions in Abuja, Members of the Diplomatic Corps, especially Ambassadors accredited to ECOWAS, and the Bar Associations among others.
