The Ministers of Justice of ECOWAS Member States on Wednesday, 7th October 2009 endorsed the on-going process towards the establishment of an appellate mechanism within the ECOWAS Court of Justice system that would allow litigants dissatisfied with the decisions of the existing Court to appeal for a review.
At the end of a three-day meeting in Abuja, the ministers agreed that the creation of this bi-level system of jurisdiction would better guarantee the dispensation of justice and the protection of the rights of complainants.
The ECOWAS Revised Treaty of 1993 that set up the Community Court of Justice stipulates that the decisions of the Court are final and not subject to appeal.
But the ministers refused to allow an amendment to the Protocol setting up the Court that would compel citizens to exhaust national remedies before coming to the Court for cases relating to the violation of human rights.
They agreed that the Protocol provides additional safeguards for the protection of the rights of citizens and that that applicants have the option of choosing the national or Community Court for their cases.
The current practice allows ECOWAS citizens direct access to the Court on cases relating to the violation of their human rights that occur in any Member State without exhausting the remedies at the national level.
The Ministers also adopted some criteria for selecting host countries for ECOWAS institutions and agencies. They said the criteria would ensure a just and equitable distribution of ECOWAS institutions and agencies as well as harmonize the conditions for both host countries and the institutions, which would help promote greater efficiency within the institutions.
In addition, the Ministers agreed on the need to improve the legal regime of Community Acts as well as the rules of procedure for the Heads of State and regional institutions.
While emphasizing the importance of ensuring that the regional leaders and institutions have the necessary legal instruments to facilitate decision-making, the Ministers expressed the belief that the organizational rules they have proposed would promote efficiency and provide more results-based decision-making, among others.
The recommendations of the Ministers of Justice will be presented to the next session of the ECOWAS Council of Ministers.
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