ECOWAS COURT RULES IN FAVOR OF FORMER SENEGALESE MINISTER IN FREEDOM OF MOVEMENT CASE

The Community Court of Justice of the Economic Community of West African States (ECOWAS) delivered its judgment on 9 May 2025 in Case No. ECW/CCJ/APP/22/24, Lat Diop v. Republic of Senegal, finding that the Respondent State violated the Applicant’s right to freedom of movement.

The Court ordered the Republic of Senegal to pay compensation to the former minister and to lift all restrictions on his freedom of movement in accordance with international legal instruments.

Case Background

The case was brought by Mr. Lat Diop, a Senegalese national and former government minister, who alleged that on 28 August 2024, he was arbitrarily prevented from boarding an international flight despite having completed all airport formalities and obtaining his boarding pass.

Mr. Diop claimed that police officers prevented him from traveling without any legal basis or formal procedure. He attributed this restriction to political statements made by the Prime Minister during public functions and published in press articles.

In support of his claims, the Applicant presented several documents as evidence, including his ECOWAS Card, stamped passport, boarding pass, and press articles.

The Applicant relied on Article 9 of the ECOWAS Revised Treaty, Article 11 of the Protocol relating to the Court, Article 12 of the African Charter on Human and Peoples’ Rights, Article 13 of the Universal Declaration of Human Rights, and Article 12 of the International Covenant on Civil and Political Rights. He sought a declaration that his rights had been violated, an order for the Respondent to remove all travel restrictions, and compensation in the amount of 500 million CFA Francs.

The Republic of Senegal denied the allegations, describing them as speculative and unsubstantiated. The State argued that no restriction on the Applicant’s freedom of movement had been imposed and noted that the Applicant still possessed his diplomatic passport even after leaving office. The Respondent further stated that the Applicant was placed under criminal investigation on 26 September 2024 following his indictment for embezzlement and money laundering.

Court’s Findings

In its judgment, the Court held that:

  1. The Republic of Senegal violated the Applicant’s right to freedom of movement as guaranteed under Article 12(2) of the African Charter on Human and Peoples’ Rights.
  2. The restriction imposed on the Applicant on 28 August 2024 was arbitrary as it was implemented without legal basis or formal procedure, constituting a violation of his right to freedom of movement.

Court’s Decision

The Court:

  • Declared it had jurisdiction to determine the matter.
  • Declared the case admissible.
  • Ordered the Republic of Senegal to pay compensation of 6,000,000 CFA Francs to the Applicant for the violation of his right.
  • Ordered the Republic of Senegal to end all forms of restrictions to the freedom of movement of the Applicant.

Judicial Panel

The judgment was rendered by a panel comprising:

  • Hon. Justice Ricardo Cláudio Monteiro Gonçalves (Presiding Judge and Judge Rapporteur)
  • Hon. Justice Gberi-Bè Ouattara (Member)
  • Hon. Justice Edward Amoako Asante (Member)