Kehinde Fajobi
The ECOWAS Court of Justice has upheld the authority of the regional bloc’s Heads of State and Government to impose sanctions on Burkina Faso, Mali, and Niger, rejecting claims that the measures were unlawful.
In a ruling delivered on Friday, February 14, the court dismissed a case brought by Ivorian citizen Zadi Philipe, who sought compensation for financial losses allegedly caused by ECOWAS sanctions on Mali.
The case, Zadi Philipe v. The Authority of Heads of State and Government of ECOWAS & ECOWAS Commission, was found to lack merit.
Philipe had argued that restrictions imposed during ECOWAS’ extraordinary meeting on January 9, 2022, prevented him from traveling back to Abidjan as planned, leading to financial setbacks. However, the court ruled against him.
Although ECOWAS representatives were properly notified of the lawsuit, they did not appear to defend themselves.
As a result, the applicant requested a default judgment under Article 90 of the Court’s Rules. Despite this, the judges determined that his claims were not sufficiently supported and dismissed the case.
Justice Sengu Mohamed Koroma, who delivered the judgment, affirmed that the court had jurisdiction under Article 9(1)(g) of the Supplementary Protocol, which allows it to hear cases against ECOWAS institutions for actions carried out in an official capacity. The court also verified that Philipe’s application met the procedural requirements.
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Assessing the substance of the case, the court considered whether the sanctions violated regional laws or were imposed arbitrarily. It concluded that ECOWAS acted within its legal framework, citing Article 77(3) of the Revised ECOWAS Treaty, which grants the Authority of Heads of State the power to impose necessary measures against non-compliant member states.
As a result, the court upheld the legitimacy of the sanctions and ruled against Philipe’s compensation claim.
The ruling was issued by a three-member judicial panel, including Justice Sengu Mohamed Koroma (presiding and judge rapporteur), Justice Dupe Atoki, and Justice Edward Amoako Asante.