AN APPRAISAL OF THE ROLE OF ECOWAS COURT OF JUSTICE IN THE PROTECTION OF HUMAN RIGHTS UNDER THE ECOWAS
AN APPRAISAL OF THE ROLE OF ECOWAS COURT OF JUSTICE IN THE PROTECTION OF HUMAN RIGHTS UNDER THE ECOWAS
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Date
2012-04
Authors
JOSHUA, DANLADI EPHRAIM
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Abstract
This study examined the role of the ECOWAS Community Court of
Justice (ECCJ) in the protection of human rights in the West African
sub-region specifically, under the ECOWAS Treaties of 1975 and the
Revised Treaty of 1993.
The research focused on the ECOWAS treaties, Conventions and
Protocols. However, references were made to similar international,
regional and national treaties, conventions and protocols such as the
United Nations Charter on Human Rights, European Economic
Community and the African Charter on Human and Peoples’ Rights
etc.
The work examined the nature and scope of the ECOWAS
mandate and its functions towards achieving the implementation of
human rights in the ECOWAS Community Court of Justice.
In this premise, the ECOWAS organs responsible for the
execution of the treaties, protocols and conventions were discussed
with a view to understanding how human rights issues were
adjudicated upon in the ECOWAS Community Court of Justice as well
as how they solved any noticeable problems in the implementation of
these treaties, conventions and protocols.
In this vein, a doctrinal method of research was adopted to
achieve this goal by analyzing the nature and scope of not only the
human rights concepts, but also examined the nature and scope of the
jurisdiction of the ECOWAS Court of Justice. This was done by the
use of both primary and secondary sources of information such as the
ECOWAS treaty of 1975, the revised treaty of 1993, ECOWAS
protocols and conventions as well as other international and regional
community laws as they applied to their respective regions.
Since we were studying the role of the ECOWAS Court of
Justice in the protection of human rights under its treaty, we also
considered the contributions made by academic scholars on the
subject matter, such as in text books, journals, articles in magazines,
newspapers and most importantly, some case law reports from the
ECOWAS Community Court of Justice’s decisions.
More significantly was the analysis undertaken in respect of the
rules of procedure and evidence in the ECOWAS Court of justice and
the access to justice for the citizens of the ECOWAS member states.
That was why it was considered imperative to examine some of the
selected case laws adjudicated by the ECOWAS Court of Justice.
It was based on the above that at conclusion of this work, we
brought out the problems inherent in the implementation of the
ECOWAS Treaty as it affected human rights protection with a view to
solving them by making reasonable suggestions and
recommendations. It was hope that this would also contribute to
knowledge on this area on significantly benefit Researchers, students,
human rights organization all ECOWAS member states, Africa and the
world at large.
Description
BEING A THESIS SUBMITTED TO THE SCHOOL OF POSTGRADUATE
STUDIES , AHMADU BELLO UNIVERSITY ZARIA IN PARTIAL
FULFILLMENT OF THE REQUIREMENTS FOR THE AWARD OF
MASTER OF LAWS DEGREE (LLM)
DEPARTMENT OF PUBLIC LAW
FACULTY OF LAW
AHMADU BELLO UNIVERSITY ZARIA
APRIL, 2012
Keywords
APPRAISAL,, ROLE,, ECOWAS,, JUSTICE,, HUMAN RIGHTS, PROTECTION,, ECOWAS.