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10th JUDICIAL RETREAT OF ECOWAS COURT FOCUSES ON ITS JURISPRUDENCEalt

The ECOWAS Court will make proposals for improving on the level of the enforcement of its decisions during a four-day judicial retreat of Judges and staff which opens on Wednesday, 24th October 2018 at Goshen city near Abuja, the Nigerian capital.

Information available to the Court’s Registry showed that 28 decisions of the Court have been enforced with no record of enforcement for 53 others.

The President of the Court, Honorable Justice Edward Asante said the proposals from the retreat would help the Court to engage with stakeholders and Member States who are required under the 2005 Protocol on the Court to enforce such decisions in accordance with their civil procedure.

Only five Member State have communicated their designated focal points for the enforcement of such decisions to the Court as required under the Protocol.

Eleven papers will be delivered during the retreat, the 10th by the Court and the first for the new judges, who assumed duty on 27th August following their 31stJuly 2018 swearing in by the then Chairman of the Authority of Heads of State and Government of ECOWAS in Lome, Togo.

Papers to be presented relate to ‘Jurisprudence of the ECOWAS Court of Justice on Access to the Court; An overview of the Jurisdiction of the ECOWAS Court of Justice; Human Rights in the jurisprudence of the Court; Non-exhaustion of local remedies as a distinctive feature of the ECOWAS Court of Justice Human Rights mandate; and ‘An analysis of the Community Legal Order as declared by the ECOWAS Court of Justice.’

The other presentations will explore ‘State responsibility, sources of Law and the Application of Article 38 of the International Court of Statute by the ECOWAS Court; Preliminary procedure, expedited procedure, provisional measures, consolidation and withdrawal/ discontinuance in the practice and procedure of the ECOWAS Court of Justice; Default judgment, revision, interpretation of judgement and supplementary judgement in the Jurisprudence of the ECOWAS Court of Justice.’

The last two papers will be on the ‘Written and oral procedure, pleadings, witnesses and expert standard of proof and the role of the judge rapporteur in the practice and procedure of the ECOWAS Court of Justice as well as ‘Improving the image of the Court.’

The retreat, which will be opened by Honorable Justice Asante, is an annual event of the Court that enables the participants to discuss various issues germane to the Court as part of its efforts to improve its effectiveness. It is on the theme The jurisprudence of the ECOWAS Court of Justice : 2004 to 2018.