The ECOWAS Court of Justice has dismissed a case brought by two associations in Mali, namely the Malian Coalition and the Consumers Association of Mali, challenging the sanctions imposed on the country following the coup that ousted President Ibrahim Keita on August 18, 2020.
In the suit filed by the groups, they challenged the sanction imposed through a statement issued by the President of the ECOWAS Commission, on the ground that it lacks merit having lacked jurisdiction.
The 3-member panel of the Court led by Justice Dupe Atoki on the ruling delivered on two interlocutory processes filed by the groups held that jurisdiction is fundamental more so, when raised as an objection.
The Court also held that having subjected the statement to the various categories of situations in which it can exercise jurisdiction, the Court concluded that it cannot situate the statement of the President of the ECOWAS Commission either as directive, decision, recommendation nor opinion.
The Court held that while it was not persuaded by the reasons adduced by the first respondent, the ECOWAS Commission, it was inclined to declare the application inadmissible based on the provisions of Article 9 subsection (a) to (e) of the 2005 Protocol of the Court from where it derived its jurisdiction.
Consequently, the Court struck out the suit since it has no jurisdiction to hear the case.
In the application filed before the Court on September 9, 2020, the associations claimed that the sanctions constitute not only the violation of the right of the people of Mali to freedom of movement guaranteed in ECOWAS texts, but also the Universal Declaration of Human Rights, the Economic, Social and Cultural Rights of Malian citizens in the Community as well as their right to non-discrimination.
Among the reliefs sought by the Applicants was an order for the payment of compensation for prejudices suffered in the sum of 1,000,000 CFA francs for each individual, another 10,000,000 CFA francs for each legal person as well as the payment of the same amount for the violation of their human rights.
The associations also prayed the court to order the state of Cote d’Ivoire to pay a symbolic 1 CFA to the plaintiffs for the violation of their human rights, through the discriminatory treatment of Malians.
