ECOWAS COURT REJECTS EXPEDITED PROCEDURE REQUEST IN CASE OF KHALIFA SALL AND OTHERS VS. SENEGAL

The ECOWAS Court of Justice, on November 15, 2024 has delivered its ruling in Suit No. ECW/CCJ/APP/23/24, involving Khalifa Ababacar Sall and eight other Applicants against the Republic of Senegal. The Applicants, prominent political figures, had sought an expedited procedure to address allegations of human rights violations linked to early parliamentary elections scheduled for November 17, 2024.

In Ruling No. ECW/CCJ/RUL/06/24 delivered by Honourable Justice Ricardo Cláudio Monteiro Gonçalves, the judge Rapporteur, the Court dismissed the application for expedited procedure, citing insufficient evidence of “special urgency” as required under Article 59 of the Rules of Procedure. The Applicants alleged violations of civil and political rights, stemming from decrees issued by Senegal’s government, including the dissolution of the National Assembly and the scheduling of early elections.

However, the Court found that the Applicants failed to demonstrate how a delay in adjudication would lead to irreparable harm or render any future remedies ineffective. Drawing on precedents from international human rights tribunals, the Court emphasized that expedited procedures are reserved for exceptional cases where immediate action is necessary to prevent irreversible damage.

The Court reiterated that the urgency of an electoral calendar alone does not suffice to justify expedited treatment and upheld its commitment to maintaining fairness and judicial integrity. Costs associated with the application were reserved for the final decision.

The three-member panel of the Court were Honourable Justice Ricardo Cláudio Monteiro Gonçalves (presiding judge and judge Rapporteur), Honorable Justice Gberi-bè Ouattara(panel member), and Honorable Justice Edward Amoako Asante(panel member ).