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alt ECOWAS COURT OF JUSTICE DISMISSES CASE FOR REVISION OF JUDGMENT BY ECOWAS COMMISSION

The ECOWAS Community Court of Justice has rejected an application filed by the ECOWAS Commission for the revision of its judgement of 16th October 2016.


Relying on Articles 25 of the Protocol on the Court and Article 92 of its Rules, the Court noted that the application for review did not satisfy one of the conditions precedent- that such an application must be premised on new facts of a decisive nature, which were unknown to the Court or the party applying for revision, provided that such ignorance was not due to negligence.

The Commission had approached the Court for the revision of the judgement on the grounds that the defendant/judgement creditor allegedly fraudulently misrepresented the contract price, which forms the material fact in the contract and was therefore not entitled to a judgement debt.

A three-member panel of the Court, presided over by Justice Chijioke Friday Nwoke, said that from the facts before them, the alleged misrepresentation was within the knowledge of the Commission before the October judgement and therefore does not form a valid basis for an application for review.

The initial judgement that is the subject of this application for review had ordered the Commission to pay N20,698,920 with one percent interest per day until its liquidation, to Vision Kam-Jay Investment Limited, a Nigerian company for breach of contract.

The company was awarded a contract on 21st November 2014 by the Commission for the supply, installation and maintenance of powers and associated equipment in support of the Commission’s SAP infrastructure.

In another case with suit number ECW/CCJ/APP/35/16 involving Ellen Corkrum and the Republic of Liberia, the Court adjourned the matter until 16th day of May 2018, at the request of the counsel to the plaintiff, to enable him present a CD of recorded evidence which is a vital part of his pleadings.

Also on the panel were Honorable Justices Yaya Boiro and Alioune Sall.