ECOWAS Court President Advocates Citizen Sensitisation On Their Rights

Hon Justice Edward Amoako Asante, President of the ECOWAS Court of Justice, has emphasised the importance of educating persons about their (basic) rights.

He made the statement during a courtesy visit to the Court by several Members of Parliament from Kenya’s National Assembly.

The delegation, led by Hon Peter Orero and comprised of members of the 13th Parliament of the Kenya National Assembly’s Committee on Regional Integration, stated that their visit to the Court was part of a weeklong study visit on the mode of operation of ECOWAS Institutions, including the Court of Justice and various departments within the ECOWAS Commission.

Hon Orero went on to say that the committee was on a study trip to several economic blocs, including the West African bloc ECOWAS, and that they were at the Court to learn about its operations, judicial activities, and programs.

In his remarks, Justice Asante praised the group for taking the initiative, emphasising the significance of such conversations and experience sharing.

Justice Asante provided a review of the Court since its creation, emphasising the Court’s accomplishment in expanding its jurisdiction in 2005 with the revision of the 1991 Protocol on the Court.

He explained that the 2005 Protocol allowed individuals to access the Court and empowered the Court to examine certain cases of human rights violations occurring in the region.

In addition, President Asante indicated that the Court has jurisdiction to rule on disputes relating to the free movement of goods and persons, and the right of establishment. Referring to an instance in Ghana when there was an alleged breach of freedom of establishment, he lamented that such a matter was not brought before the Court.

“The Court only examines cases brought before it for determination. Whereas citizens and organisations have not approached the Court to enforce their rights about regional integration laws, due to lack of awareness of the existence of the laws and their rights.”

He attributed the situation to a lack of knowledge of the laws and their application, adding that “there is a need for education of citizens on ECOWAS Laws and their rights.”

He also elaborated on various ECOWAS Laws aimed at strengthening regional integration including Immigration laws and Customs laws.

He said that the Court carries out media programmes and sensitisation missions in Member States aimed at creating awareness about the Court, its activities, and how to access it.

Regarding judicial activities, Justice Asante stated that to examine cases brought before the Court, he ensures that they are translated into the three official languages of the Community which are English, French, and Portuguese to allow each judge to work in his or her language. He added that judges do everything possible to conclude cases as quickly as possible.

On the issue of funding, he said ECOWAS institutions including the Court are funded from the Community levy contributed by Member States and that the Court is independent in its judicial functions.

Similarly, Hon Justice Gberi-Be Ouattara, Vice President of the Court added that the Court is committed to removing all obstacles to economic integration in the West African Region, particularly in matters of human rights protection.

He gave an instance with a case law on slavery and women’s right to inheritance in which the Court ruled that slavery is prohibited and women have the right to inheritance. He added that any of the 15 countries or institutions can approach the Court.

Other Judges present were Justices Sengu Mohamed Koroma and Ricardo Claúdio Monteiro Gonçalves.

The meeting ended with an exchange of gifts on both sides and a photo session. The delegation also visited the courtroom.

The Kenya delegation led by Hon Peter Orero comprised Hon Rael Kosiwai, Hon Peter Salasya, and Hon Jimale Mohammed.

Also in attendance were Ms Rose Chemas and Mr James Nyongesa from the Kenya High Commission in Abuja, and Mr Anthony Ogunjimi from the ECOWAS Commission.