ECOWAS Court dismisses case brought by 4 Burkinabes on rights violations, rejects claim of arbitrary detention by Liberian

27 Juin 2020

Abuja, Nigeria, June 27 (Infosplusgabon) - In the first of two landmark judgements delivered on Wednesday, in Abuja, Nigeria, the ECOWAS Community Court of Justice dismissed a case brought by four Burkinabes alleging the violations of their fundamental rights by the government of Burkina Faso following their detention, trial and indictment in connection with the 16th September 2015 coup in the country.

In the second judgement, the Court rejected the claim of arbitrary detention by a Liberian businessman against the Republic of Liberia.

On the case involving the Burkinabes, Justice Dupe Atoki, the judge rapporteur, dismissed all the reliefs sought by the plaintiffs, including an order of the Court to compel the defendant to repeal paragraph 9 of Article 99 of Law No. 24/94/ADP of 24 May 1994 on the Code of Military Justice.

The Court held that the defendant did not violate the various sections of the legal instruments – African Charter on Human and Peoples’ rights, the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights and the Protocol on Democracy and Good Governance among others as alleged by the plaintiffs.

It also urged both parties to bear their costs.

In the initiating application ECW/CCJ/APP/42/17, the plaintiffs, Paul Sawadogo, Mathias Noraogo Ouedraogo, Lassina Ouedraogo, and Moussa Nikiema, claimed that they were arrested alongside others and indicted for various offences following a military coup d’etat of 16 September 2015 and that an investigating judge subsequently ruled that the offences were sufficiently established.

They further claimed that their appeal before the Control Chamber was dismissed pursuant to paragraph 9 of Article 99 of the Code of Military Justice, thereby violating their rights to fair hearing and appeal as this did not comply with the various international legal texts regarding separation of powers and the independence of the judiciary.

The plaintiffs urged the Court to declare the defendant liable for the violations; and pay compensatory damages totaling 20 million CFA Francs to the four plaintiffs among other costs.

In a counter argument, the defendants urged the Court to declare the case inadmissible and dismiss the claims of the plaintiffs as unfounded and misconceived. The defendant added that the Constitutional Council of Burkina Faso, on 24 October 2017, declared paragraph 9 of Article 99 of Law No. 24/94/ADP of 24 May 1994 on the Code of Military Justice consistent with the Constitution of Burkina Faso, following an application by the plaintiffs.

Also on the bench were Justices Gberi-Be Ouattara (presiding) and Januaria T.S. Moreira Costa.

On the case involving the Liberian businessman, Mr. Amos Brosius, a three-member panel of the ECOWAS Court of Justice, presided over by Justice Edward Amoako Asante, exonerated the State of Liberia of the allegation of the unlawful arrest and detention brought against it by Brosius.

In the judgment, read by Justice Dupe Atoki, the judge rapporteur, the Court which held that it has jurisdiction to hear the Application contrary to the Defendant`s argument that it lacked jurisdiction, also stated that the applicant did not establish his claim of being detained beyond 24 hours in violation of the country`s constitution and Article 6 of the African Charter on Human and Peoples` Rights.

The Applicant, who is a minority shareholder of Ducor Petroleum Inc., had in suit no ECW/CCJ/APP/05/18 filed through his Counsel, Mr. Celestus Okwy-Ejezie, alleged that the Respondent had on the basis of a civil matter instituted by Monrovia Oil Trading Company (MOTC) arbitrarily arrested and detained him for more than 72 hours in violation of the country`s constitution and Article 6 of the African Charter on Human and Peoples` Rights.

The applicant who stood down his allegation that in the course of the hearing of said matter, the Presiding Judge fraudulently authorized the withdrawal of the sum of US$ 1,300,000,000 from the account of Ducor Inc., thereby violating his right to property however, maintained his claim of the US$1 million as compensation for unlawful arrest and detention by the Defendant.

FIN/ INFOSPLUSGABON/OLK/GABON2020

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