Type Here to Get Search Results !

ECOWAS Court Of Rights To Hear Conditions In Ghana


Typically the ECOWAS Community Judge of Justice (CCJ) will host an external session in Ghana from Drive 21 to The spring 1, this season within efforts to take the court deeper to Ghanaians. Typically the external court period will be organised at what the law states Court docket Complex, Accra, with the five Justice of the CCJ hearing 60 circumstances, one associated with Bekwai, ghana and 25 thanks for judgements.

Typically the President of the CCJ, Justice Edward cullen Amoako Asante, advised the Daily Image that external court docket sessions was regular features of the CCJ since 3 years ago, adding that they allowed the court docket to move from its seat of businesses in Abuja, Nigeria to the of the 12-15 member states to adjudicate on circumstances. He said the external court lessons were in complying with Article dua puluh enam (2) of the ECOWAS protocol building the CCJ, which permitted the court docket to hear circumstances in different territory of ECOWAS member claims “where circumstances or facts of the case so demand”.

What’s the CCJ?

The CCJ is the principal legal arm of ECOWAS, clothed with the mandate to provide relief for people of the 12-15 ECOWAS member claims whose human privileges, as enshrined in the ECOWAS Treaty, protocols and other international conventions, have been violated by their countries. That also has legal system to interpret the ECOWAS Treaty and protocols, resolve arguments between member claims and any company of ECOWAS, as well as arguments between member claims in relation to the application of the ECOWAS Treaty and protocols.

Reason

Justice Asante discussed that the CCJ was obviously a court for all citizens of ECOWAS and, therefore, there was the requirement to make it more accessible to all or any people within the West Photography equipment subregion. “There are so many people of ECOWAS places who may want to access the court in addition to have the means of travelling all the way to Abuja, lodging in hotels to go to court. The court docket, therefore, deems it fit to take a seat in chosen participant states, ” they said. He also said the outside sessions were paths for the CCJ to create attention of its activities among the community.

He said among the cardinal corporations of ECOWAS, the CCJ had a crucial role in deepening the mixing up agenda of ECOWAS and, therefore, it was important for those to appreciate and be familiar with functions of the court. “The awareness of the court docket must be believed. Many people, including lawyers, do not know about the court, its functions, mandate and treatments, or even their existence. The court docket is owned by all of us all and, consequently, every person must take advantage of it, ” this individual added.

Functions and mandate

Justice Asante said the CCJ was an international court, with the jurisdiction plainly described by the ECOWAS revised treaty and protocols. He described that initially, the court only experienced the mandate to interpret the ECOWAS Treaty and methods, as well as resolve disputes between member states or member states and institutions of ECOWAS in relation to the use of the treaty and protocols. Within view of that, only member says and ECOWAS organizations had capacity to initiate actions before the court, this individual said.

The legislation of the courtroom, he indicated, was expanded in 2006 to include listening to of alleged human being rights violations by member states against their citizens, with individuals having the ability to document cases prior to the courtroom. “Individuals are now able to come to the courtroom to vindicate their rights. About ninety five per cent of the cases prior to the court are in respect of human being rights violations within member states against community citizens, ” he said. This individual, nevertheless , stressed that the CCJ was not mandated to hear appeals against selections of legal courts in member says.

According to your pet, a person seeking redress from the CCJ must start the situation at the CCJ, but must ensure that the same action was not before a national court in a member condition. “The CCJ is no appellate courtroom over selections of national courts. This particular court entertains activities brought afresh. The particular aggrieved person has the accessibility to coming to the ECOWAS Court or going to the national court, ” he said. This individual said the CCJ could entertain instances which have been decided by national legal courts only in occasions when the right to fair trial experienced been violated but said the courtroom would only restrict itself to the alleged violation and never the merits of the watch situation.

Challenges

In phrases of challenges, Proper rights Asante said associate states rarely submitted cases at the court for the interpretation of ECOWAS protocols or quality of disputes with regards to the protocols. ECOWAS, he said, experienced protocols on free movement, standard charges, among others, with the CCJ as the arbiter in ECOWAS integration. With regard to instance, he said he was amazed some countries do not file a case at the court when Nigeria, not long back, decided to near its land boundary to goods and individuals from the subregion.

“This is an issue of the free movement of goods and individuals, but, surprisingly, no matter was produced, even though the court had legal system in that matter, ” he added. One other challenge, he said, was your adjustment of the judgements of the court docket.

Tags

Post a Comment

0 Comments
* Please Don't Spam Here. All the Comments are Reviewed by Admin.