West Africa: ECOWAS Parliament Speaker Calls On Member States to Respect Rulings From the ECOWAS Court

Monrovia — The Speaker of the ECOWAS Parliament, Dr. Sidie Mohamed Tunis, has called on member states of ECOWAS to respect decisions made by the ECOWAS Court of Justice and the need to grant the ECOWAS Parliament full legislative powers. This is considered a prerequisite for improving regional governance.

The statement from the ECOWAS Parliament Speaker comes in the wake of a recent ruling by the court, where the government of Liberia was ordered to pay Counsellor Kabineh Muhammad Ja'neh, an impeached Justice of the Supreme Court of Liberia, the sum of US$200,000 as reparation for moral prejudice suffered due to the violation of his rights. The Court's judgment, in a case filed by Associate Justice Ja'neh, also ordered the Republic of Liberia to restore, calculate, and pay him all his withheld entitlements, including salaries, allowances, and pension benefits from the date of his impeachment to the date of notification of this judgment. Additionally, the Court further ordered his reinstatement as an Associate Justice of the Supreme Court or, alternatively, to grant him the right to retire from service on the date of notification of this judgment with full pension benefits as if he had retired at the normal retirement age for justices of the Supreme Court.

Background of the Case:

On March 29, 2019, Associate Justice Ja'neh was found guilty by the Senate following his impeachment by the House of Representatives in August 2018 on four counts, including his issuance of a writ of prohibition as petitioned by major petroleum dealers in the country to stop the government from collecting a levy/tax of US$0.25 (road fund) imposed on the pump price of petroleum products.

Speaking at the start of the ongoing delocalized meeting of the joint committee on political affairs, peace, security, and APRM judicial affairs and human rights social affairs, gender, and women empowerment held in Monrovia, the capital of Liberia, Dr. Sidie Mohamed Tunis stressed the need for political inclusivity, which also involves the effective mobilization of all the institutions of a country and the national political structure, with a view to encouraging their involvement in the management of State affairs, as well as in the formation of opinion and the free expression of suffrage.

"The sacrosanct principle of the separation of powers needs to be put into practice through the genuine independence of institutions. It must, however, be tempered by reciprocal means of control and action between the powers. It is, therefore, our duty to ensure that democratic processes and institutions, both national and regional, are strengthened."

"In this respect, I would like to insist on respect for the decisions of the ECOWAS Court of Justice and the need to give the ECOWAS Parliament full legislative powers. This is a prerequisite for improving regional governance."

Dr. Sidie Mohamed Tunis also mentioned that every meeting of the Parliament is an opportunity for member countries to analyze and make proposals to better understand and control political, economic, and social developments in the region. The ongoing delocalized meeting focuses on one of the priorities of ECOWAS Vision 2050, which is to promote good governance and consolidate irreversible peace, security, as well as development in our region.

"As we all know, inequality has been one of the bases or causes of subversive acts in our region. The marginalization of vulnerable groups from important decision-making processes, particularly ethnic or religious minorities, women, and young people, provides fertile ground for conflict or violent extremism."

"We must convince ourselves that supporting the participation of people from vulnerable and marginalized groups in the decision-making and democratic processes of our societies is imperative for peace, security, and sustainable development. Political inclusivity has the advantage of enabling all points of view to be expressed and taken into consideration, and of enhancing the representation of every segment of the population, including women and young people."

The ECOWAS Parliament further expressed optimism that the ongoing meeting will yield relevant analyses and strong recommendations to accelerate a resolute march towards "a community of peoples fully integrated into a peaceful and prosperous region with strong institutions that respect fundamental freedoms and work towards inclusive and sustainable development."

Dr. Sidie Mohamed Tunis also expressed the ECOWAS' commitment to support Liberia as it prepares to hold presidential and legislative elections in October. "I want to assure you of the ECOWAS Parliament's fullest support. I am aware that an ECOWAS pre-election mission is currently in Liberia to assess the country's preparedness for the upcoming elections. In doing so, I extol the efforts of the ECOWAS Commission and express the Parliament's full readiness to support Liberia's next democratic transition."

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