AN APPRAISAL OF THE COMMUNITY COURT OF JUSTICE OF THE ECONOMIC COMMUNITY OF WEST AFRICAN STATES (ECOWAS) IN CONFLICT RESOLUTION

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Keywords: AN APPRAISAL OF THE COMMUNITY COURT OF JUSTICE OF THE ECONOMIC COMMUNITY OF WEST AFRICAN STATES (ECOWAS) IN CONFLICT RESOLUTION

ABSTRACT
This thesis has found out that the court does not have an efficient
means of coercion to apply delivered decisions, there by making the
enforcement of the court’s decision cumbersome; decision of the court
dealing with sanctions on member state who fail to fulfil their obligations
are more complex than the interpretation of ECOWAS text; the research
showed that the court also did not provide for the time limit in which an
application can be reacted or responded to or time limit in which an
annulment decision must be enforced. This thesis has put forth
suggestions for the court. The suggestions essentially call for full subregional integration process by the court like all other ECOWAS
institutions. The research revealed that the place of the court in the subregional integration will be more important if the decisions delivered by it
can be enforced without encumbrance within the ECOWAS region; and
that member states and some national institutions should not hold on
tightly to their sovereignty but rather try to put enough zeal into
facilitating rapid and efficient execution of decisions made by the court.
This research work highlighted the extent of the powers of the
Community Court of Justice and the factors that have led to it a judicial
body with limited powers as regards the lack of access to court being by
individual citizens, with the expansion of the provisions of the protocol,
the court is bound to blossom in the scope of jurisdiction. It is hoped
that this will help to move the sub-region towards greater integration so
as to be able to compete in the new competitive global market. The
ECOWAS Court has consistently demonstrated courage in the
discharge of its vital role in putting an end to violation of all human rights
and impunity of perpetrators in the sub region.

TABLE OF CONTENTS

Title Page ————————————————————————i
List of Abbreviations ————————————————————vii
List of Cases ———————————————————————–viii
List of Statutes ———————————————————————ix
Abstract ——————————————————————————x
Table of Contents —————————————————————–xi
CHAPTER ONE
GENERAL INTRODUCTION
1.1 Introduction ——————————————————————-1
1.2 Statement of the problem ————————————————-4
1.3 Aims and Objectives ——————————————————- 5
1.4 Significance of the Research ———————————————-5
1.5 Scope of the Research —————————————————–6
1.6 Research Methodology —————————————————–6
1.7 Literature Review ————————————————————7
1.8 Organizational layout ——————————————————-11
CHAPTER TWO
HISTORICAL DEVELOPMENT OF THE ECOWAS COURT OF JUSTICE
2.1 Introduction ——————————————————————–13
2.2 Members of ECOWAS ——————————————————16
2.3 Institutions of ECOWAS —————————————————–19
2.4 Establishment of the Court—————————————————21
2.5 Challenges of the Court —————————————————–23
2.6 Human Rights and the ECOWAS Court of Justice ——————-26
xiii
2.7 Language of the Court——————————————————–29
CHAPTER THREE
THE, RULES, PRACTICE AND PROCEDURE OF THE COURT
3.1 Introduction ————————————————————————–31
3.2 Written Procedure——————————————————————-32
3.2.1 How to Access the Court ———————————————————35
3.3 The Judgement of the Court —————————————————–41
3.4 Enforcement of the Court’s Decisions——————————————43
3.4.1 Sanctions by the Court against non-enforcement of its decisions —–46
3.5 Organization of the Court ——————————————————–52
3.5.1 Overview of the Organization of the Community Court of Justice——53
3.5.2 The Judges —————————————————————————54
3.5.3 The Privileges and Immunities ————————————————–56
3.5.4 Administrative Departments of the Court ————————————-58
3.6 Working of the Court ————————————————————–59
CHAPTER FOUR
POWERS OF THE COMMUNITY COURT OF JUSTICE
4.1 The Jurisdiction of the Court —————————————————61
4.2 Sources of Law ———————————————————————63
4.2.1 The ECOWAS Treaty of 1975 —————————————————64
4.2.2 The Revised Treaty of 1993 —————————————————–64
4.2.3 Supplementary Protocol A/SP.1/06/06 —————————————64
4.2.4 Protocol A/P1/7/91 Relating to The Community Court of Justice ——65
4.3 Jurisdiction of the Court under the Protocols ——————————–65
4.4. Adjudications of the Court———————————————————70
4.5 Expanding the Jurisdiction of the Court—————————————80
4.6 Access to the Court—————————————————————–84
4.6.1 Access to Seek Advisory Opinion of The Court —————————-86
4.6.2 Access to Seek The Settlement of Disputes ——————————–88
xiv
4.7 Interpretations and applications of ECOWAS Protocols—————–91
4.7.1 Principles of Interpretation of Treaties —————————————-92
4.7.2 Overview of The Provisions of the treaty ———————————-93
4.8 Relevance of the Court to the West African Sub – Region ———-94
CHAPTER FIVE
CONCLUSION
5.1 Summary ————————————————————————101
5.2 Findings ————————————————————————–104
5.3 Recommendations ————————————————————107
Bibliography — ——————————————————————113

Keywords: AN APPRAISAL OF THE COMMUNITY COURT OF JUSTICE OF THE ECONOMIC COMMUNITY OF WEST AFRICAN STATES (ECOWAS) IN CONFLICT RESOLUTION

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Keywords: AN APPRAISAL OF THE COMMUNITY COURT OF JUSTICE OF THE ECONOMIC COMMUNITY OF WEST AFRICAN STATES (ECOWAS) IN CONFLICT RESOLUTION

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