Audio By Carbonatix
The President of the ECOWAS Court of Justice, Justice Edward Amoako Asante, has explained the critical requirements for individuals seeking to access the Court.
Speaking at a public lecture hosted by the UPSA Law School on the theme of building a community court that truly serves the citizens of ECOWAS, Justice Asante outlined the liberal but structured access criteria that ensure the Court remains open, fair, and effective.
Justice Asante explained that for any case to be admitted, the applicant must meet three key conditions. "First, they must establish prima facie evidence that their human rights have been violated by a member state.
"Second, the action must not be anonymous — the individual or entity bringing the case must clearly identify themselves.
"Third, the matter must not be pending before another international court or tribunal," he indicated on Sunday, April 27.
He stressed that once these three conditions are satisfied, access to the ECOWAS Court becomes straightforward and accessible to all, including individuals, groups, NGOs, and civil society organizations.
Importantly, Justice Asante clarified that the ECOWAS Court’s protocol, as adopted by member states, does not require the exhaustion of local remedies before an action is brought. This position, he noted, aligns with the Court’s broader mission to preserve liberal access for victims of human rights violations across the region.
“The Court has consistently interpreted the protocol to mean that victims are not obligated to first exhaust domestic court processes, especially in instances where such remedies are non-existent, ineffective, or unduly prolonged,” Justice Asante said.
He further noted that the ECOWAS Court is not an appellate court over national courts and should not be treated as a secondary forum after failed domestic attempts.
Latest Stories
-
Legal Green Association commends government and Edmond Kombat for TOR revival
49 minutes -
Trump hopes to reach phase two of Gaza ceasefire ‘very quickly’
54 minutes -
Bangladesh’s first female prime minister Khaleda Zia dies aged 80
59 minutes -
We’ll prosecute persons who do not surrender illegal arms before Jan 15 – Dr Bonaa
1 hour -
Col. Festus Aboagye warns against ‘outsourcing’ African security following US airstrikes in Nigeria
1 hour -
SEC assures investor protection as Virtual Asset Bill comes into force
2 hours -
El Kaabi brace powers Morocco to win; Bafana brave fightback; Egypt top group and Mali reach knockout stage
2 hours -
Ukraine denies drone attack on Putin’s residence
2 hours -
Cedi records year-end rally as diaspora inflows and trade surplus break volatility cycle
3 hours -
31st Night doom prophecies: Be cautious and measured – NPC to prophets
3 hours -
Nigeria set the pace as Mahrez leads the way after two AFCON 2025 group rounds
4 hours -
Ga West Municipal Assembly shuts down China Mall after building collapse
5 hours -
Beyoncé declared a billionaire by Forbes
5 hours -
Techiman hosts historic launch of GJA Bono East Chapter
5 hours -
Mpox fatalities rise to six as GHS sounds alarm over festive crowds
6 hours
