The ECOWAS Court of Justice has declared that the Authority of Heads of State and Government of the Economic Community of West African States (ECOWAS) has legal authority to impose sanctions on Burkina Faso, Mali, and the Niger Republic.
The decision in the case of Mr. Zadi Philipe v. The Authority of ECOWAS Heads of State and Government and the ECOWAS Commission was issued on Friday.
The Court dismissed claims for damages linked to Mali sanctions, stating that the applicant’s case lacked merit.
Mr. Zadi Philipe, a Côte d’Ivoire citizen, claimed in his application that ECOWAS’s restrictions placed on the Republic of Mali at its 4th Extra-Ordinary Session on January 9, 2022, prohibited him from returning to Abidjan on time, resulting in financial damage.
He claimed reimbursement for the losses caused.
Despite having been served, the respondents failed to appear or defend the suit. As a result, the applicant sought a Judgment by Default under Article 90 of the Court’s Rules, which stated that the application was unfounded and dismissed all of the applicant’s claims.
Justice Sengu Mohamed Koroma, Judge Rapporteur, ruled that the Court has jurisdiction under Article 9(1)(g) of the Supplementary Protocol on the Court, which gives it the authority to hear cases seeking damages against a community institution for acts performed in an official capacity.
The Court found that the application was properly submitted and followed the procedural conditions outlined in the Court’s Rules. In deciding on the case’s merits, the Court considered whether the measures imposed by ECOWAS were arbitrary and breached Community law.
The sanctions were implemented in accordance with Article 77(3) of the Revised ECOWAS Treaty, which allows the Authority of Heads of State and Government to adopt measures in response to a Member State’s non-compliance with its commitments.
As a result, it declared that the application lacked merit and dismissed all of the Applicant’s claims.