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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 theix 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.
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