PART A: Background to the African Regional Human Rights System VI. Sub-Regional Courts of Justice 1. Economic Community of West African States (ECOWAS) Community Court of Justice Founded in 1975, the Economic Community of West African States (ECOWAS) comprises fifteen West African states.99 Its mission is to promote economic integration in all fields of economic activity amongst its member States, as well as to implement development projects such as intra-community road construction and telecommunications as well as agricultural, energy, and water resources development within member States. The ECOWAS Court of Justice, located in Abuja, Nigeria, is the judicial organ of the ECOWAS. Article 15 of the ECOWAS Treaty,100 as revised in 1993 (‘Revised Treaty’), provides for the establishment of the ECOWAS Court of Justice. The organisational framework, functioning mechanism, powers, and procedure of the Court, which became operational in 2000, are set out in the Protocol of 6 July 1991, the Supplementary Protocol of 19 January 2005, the Supplementary Protocol of 14 June 2006, the Regulation of 3 June 2002 and the Supplementary Regulation of 13 June 2006.101 a) Mandate, Composition and Jurisdiction Under Article 9 of the Protocol, the mandate of the Court is to ‘ensure the observance of law and of the principles of equity in the interpretation and application of the provisions of the Treaty’.102 The Court is composed of seven judges who are appointed by the Authority of Heads of State of Government and are nationals of member States. Judges serve a four-year term. Under the 2005 Supplementary Protocol, the Court gained ‘jurisdiction to determine cases of violations of human rights that occur in any Member State’, including cases of torture. In addition, Article 4(g) of the ECOWAS Revised Treaty of 1993 sets out the principles of the Court, which includes ‘recognition, promotion and protection of human and peoples’ rights in accordance with the provisions of the African Charter on Human and Peoples’ Rights’.103 99 These are: Benin, Burkina Faso, Cape Verde, Côte d’Ivoire, The Gambia, Ghana, Guinea, GuineaBissau, Liberia, Mali, Niger, Nigeria, Senegal, Sierra Leone, and Togo. 100 ECOWAS Treaty also known as ‘The Treaty of Lagos’, adopted 28 May 1975, Lagos, Togo, revised 24 July 1993. 101 Protocol on the ECOWAS Court of Justice, A/P1/7/91 (1991) (hereinafter, ‘Protocol on the ECOWAS Court of Justice’); Supplementary Protocol A/SP.1/01/05 of 19 January 2005 amending the Preambule and Articles 1, 2, 9, 22 and 30 of Protocol A/P1/7/91 and Article 4(1) of the English Version of the Said Protocol; Supplementary Protocol A/SP.2/06/06 of 14 June 2006 amending Article 3(1)-(2), and (4), Article 4(1)-(3) and (7) and Article 7(3); Regulation of 3 June 2002, and Supplementary Regulation C/REG.2/06/06 of 13 June 2006. 102 Protocol on the ECOWAS Court of Justice, Article 9(1). 103 ECOWAS Treaty, supra note 107, Article 4(g). 35

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