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alt ECOWAS COURT SET TO DELIVER JUDGMENT IN AN ALLEGED HUMAN RIGHTS VIOLATION CASE INVOLVING TOGO

The ECOWAS Community Court of Justice will on Tuesday, 20 February 2018 deliver Judgement in a suit filed by a Burkinabe, Yoda Yacouba alleging the violation of his right to property and protection of the law by the government of the Republic of Togo over some vehicles he ordered from Italy that were impounded on the orders of the country’s national court at the port of Lome.


In suit no. ECW/CCJ/APP/17/16, the Plaintiff averred that the action of the government of Togo constituted a breach of trust as he had made arrangements to take delivery of the vehicles, but was told by his agent, Douda Guebre that two of the vehicles were allegedly released to one Mr Dieng Serigne Saliou, a Senegalese, based on fake documents.


In documents filed before the Court, the plaintiff alleged that his effort to clear the vehicles were also frustrated by one Mainetti Tino, an Italian who filed an application against him in a national Court of Burkina Faso on 13th October 2009  for breach of trust resulting in his arraignment and subsequent acquittal on 20th November 2009.

Following his acquittal, he returned to Lome to clear the vehicles only to be told by his agent that the vehicles could not be released to him because of a judicial order no 052 dated 27th May 2010 issued by a national court of Togo.

The Plaintiff is therefore urging the Court to hold the Togolese State responsible for the violation of his rights as a result of the mal-functioning of the judicial and general administrative systems of the Defendant, the Togolese Republic.

On the panel for this case are Hon. Justice Jérôme Traoré (presiding), Hon. Justice Hameye Foune Mahalmadane and Hon. Justice Maria do Céu Silva Monteiro.

The Court will also hear the case ECW/CCJ/APP/01/18 involving Mr. Khalifa Ababacar Sall & five others who accused the Republic of Senegal of violating their human rights for holding views contrary to those of the ruling party over impending local government and legislative elections.

In the initiating application, the Plaintiffs alleged that the Senegalese government had violated their rights to presumption of innocence, right to hear/call witnesses, right to impartial investigation, right to fair hearing amongst other listed violations.

The plaintiffs asked the Court to award them 50 billion FCFA as reparation for the prejudice suffered as a result of the violation of their human, civic and political rights.