Procedural Rules
How to access the Court
- Cases are filed before the Court through written Applications addressed to the Registry. Such applications must indicate the name of the Applicant, the Party against whom the proceedings are being instituted, a brief statement of the facts of the case and the relief sought by the Plaintiff.
Applicable Law
- The Court applies the Treaty, the Conventions, Protocols, and Regulations adopted by the Community and general Principles of Law.
- In the area of Human Rights Protection, the Court equally applies the international instruments on Human Rights ratified by the State or States party to the case.
Legal Force of Decisions of the Court
- Decisions of the Court are not subject to appeal. However the court can entertain applications for a revision based on new facts. Decisions are also binding on Member States, institutions of the Community, Individuals and Corporate bodies.
Method of implementation of judgment of the Court
- Execution of any decision of the Court shall be in the form of a writ of execution, which shall be submitted by the Registrar of the Court to the relevant Member State for execution according to the rules of civil procedure of that Member State.
- Upon the verification of the appointed authority of the recipient Member State that the writ is from the Court, the writ shall be enforced.
- All Member States shall determine the competent national authority for the purpose of receipt and processing of the execution and notify the Court accordingly.
- The writ of execution issued by the Community Court may be suspended only by a decision of the Court.
Filing Guidelines
LAWYERS AND PARTICIPANTS GUIDELINES FOR VIRTUAL COURT SESSION
1. All Lawyers must include e-mail address in every document lodged before the Court. This has become the main medium of communication with lawyers. See Article 3 (1), (2) and (3) and Article 5 (3) of the Practice
2. All Lawyers are expected to liaise with the Registry Department, ahead of the date of any Virtual Court Session, to ensure that the following requirements for successful court session have been fulflled:
In accordance with the Practice Directions on Electronic Case Management and Virtual Court Sessions, 2020 of the ECOWAS Court of Justice, the following guidelines are expected to be complied with:
e. The Registry of the Court will send Hearing Notices to Lawyers by email with Hearing Date, Time of Session, Business of the day and access information such as the Meeting ID and Password.
3. In accordance with Article 5 (4) of the 2020 Practice Direction, Lawyers are expected to connect about 30 minutes before the commencement time of the Session for pre-registration checks to verify the following:
d. Download Zoom and Open an Account, verify your zoom account with your valid email, upload your profle picture with an of cial portrait of the Lawyer.
a. That they have been accredited/approved to participate as Lawyers and Parties. Only accredited participants shall be allowed Using a Telephone restricts the visual resolution to a portrait view
LAWYERS AND PARTICIPANTS GUIDELINES
c. For a smooth and uninterrupted session with stable bandwidth, endeavor to connect your device to a good and stable Wi-Fi network.
FOR VIRTUAL COURT SESSION
c. That device microphone and camera must ONLY be unmuted and activated accordingly, when addressing the Court and disabled again immediately after. See Article 6 (3) of the 2020 Practice Direction.
5. Nobody is allowed to share any le nor record any proceedings, without the express approval of the Court. See Article 7 (2) of the 2020 Practice Direction
d. That they speak slowly to allow for simultaneous interpretations. See Article 6 (5) of the 2020 Practice Direction.
c. That their connectivity is good,
d. That they rename their devices to their designation and official name e.g “PLAINTIFF’S LAWYER – Thomas Smith”
e. That all documents required for the Court session have been received and processed by the Registry,
