ECOWAS Court dismisses Ivorian’s compensation suit against West African leaders

The ECOWAS Court on Friday dismissed a suit filed by an Ivorian citizen, Zadi Philipe, seeking damages for alleged suffering from sanctions imposed on Mali in 2022 by ECOWAS leaders.

The News Agency of Nigeria (NAN) reports that Philipe had filed the suit alleging that the sanctions imposed on Mali by ECOWAS at its 4th Extra-Ordinary Session on 9th Jan. 2022, caused him financial losses.

According to the applicant, the action of the bloc’s leaders prevented him from returning to his country’s capital, Abidjan, as he had scheduled, culminating in the financial misfortunes he incurred.

Philipe, therefore, prayed the court to grant an order compelling the commission and its leaders to pay him the claims for the damages he suffered from that decision.

He later sought a judgment by default from the court, pursuant to Article 90 of the Rules of the Court, when the respondents did not enter an appearance or defend the claim.

The applicant further argued that the suit was brought pursuant to provisions of the community court regarding the enforcement of his fundamental human rights as an ECOWAS citizen.

Delivering judgment, however, Justice Sengu Koroma, the Judge Rapporteur, dismissed all the applicant’s claims on grounds that the suit was not well-founded.

The court held that the said sanctions “were taken within the framework of Article 77(3) of the Revised ECOWAS Treaty.”

It noted that the said treaty “authorises the Authority of Heads of State and Government to impose necessary measures in response to a Member State’s non-compliance with its obligations.”

The court further held that, although the application was properly submitted and met the necessary procedural requirements under the Court’s Rules, the sanctions were not arbitrary, and did not violate Community law.

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According to Justice Koroma, under Article 9(1)(g) of the Supplementary Protocol of the Court, it has jurisdiction to entertain citizens’ cases seeking damages against ECOWAS for acts performed in official capacity.

NAN reports that the three-member panel of the Court had Justice Koroma (presiding and judge rapporteur); Justice Dupe Atoki, (member); and Justice Edward Asante (member)