AN APPRAISAL OF THE ROLE OF ECOWAS COURT OF JUSTICE IN THE PROTECTION OF HUMAN RIGHTS UNDER THE ECOWAS TREATY
ABSTRACT
This study examined the role of the ECOWAS Community Court of Justice (ECCJ) in the protection of human rights in the West African sub-region specifically, under the ECOWAS Treaties of 1975 and the Revised Treaty of 1993.
The research focused on the ECOWAS treaties, Conventions and Protocols. However, references were made to similar international, regional and national treaties, conventions and protocols such as the United Nations Charter on Human Rights, European Economic Community and the African Charter on Human and Peoples’ Rights etc.
The work examined the nature and scope of the ECOWAS mandate and its functions towards achieving the implementation of human rights in the ECOWAS Community Court of Justice.
In this premise, the ECOWAS organs responsible for the execution of the treaties, protocols and conventions were discussed with a view to understanding how human rights issues were adjudicated upon in the ECOWAS Community Court of Justice as well as how they solved any noticeable problems in the implementation of these treaties, conventions and protocols.
In this vein, a doctrinal method of research was adopted to achieve this goal by analyzing the nature and scope of not only the human rights concepts, but also examined the nature and scope of the jurisdiction of the ECOWAS Court of Justice. This was done by the use of both primary and secondary sources of information such as the
ECOWAS treaty of 1975, the revised treaty of 1993, ECOWAS protocols and conventions as well as other international and regional community laws as they applied to their respective regions.
Since we were studying the role of the ECOWAS Court of Justice in the protection of human rights under its treaty, we also considered the contributions made by academic scholars on the subject matter, such as in text books, journals, articles in magazines, newspapers and most importantly, some case law reports from the ECOWAS Community Court of Justice’s decisions.
More significantly was the analysis undertaken in respect of the rules of procedure and evidence in the ECOWAS Court of justice and the access to justice for the citizens of the ECOWAS member states. That was why it was considered imperative to examine some of the selected case laws adjudicated by the ECOWAS Court of Justice.
It was based on the above that at conclusion of this work, we brought out the problems inherent in the implementation of the ECOWAS Treaty as it affected human rights protection with a view to solving them by making reasonable suggestions and recommendations. It was hope that this would also contribute to knowledge on this area on significantly benefit Researchers, students, human rights organization all ECOWAS member states, Africa and the world at large.
TABLE OF CONTENTS
Title page i
Declaration ii
Certification iii
Acknowledgement iv
Dedication v
List of abbreviations vi
Abstract viii
Table of Statutes x
Table of Cases xiii
Table of Contents xvii
CHAPTER ONE
1.0 GENERAL INTRODUCTION - - - - 1
1.1 BACKGROUND TO THE RESEARCH - - - - 1
1.2 Statement of the Research Problem- - - - - 4
1.3 Aims and objectives of the research - - - - - 13
1.4 Scope and limitations of the research - - - - - 13
1.5 Significance/ Justification of the Research- - - - 14
1.6 Research Methodology - - - - - - - 15
1.7 Literature Review- - - - - - - - 15
1.8 Organizational layout - - - - - - - 22
CHAPTER TWO
2.0 CONCEPTUAL CLARIFICATION OF KEY TERMS - - 23
2.1 Introduction - - - - - - - - 23
2.2 Nature and scope of ECOWAS - - - - - 23
2.3 Functions and mandate of ECOWAS - - - - 29
2.4 Nature and scope of ECOWAS organs - - - - 39
2.5 The Historical Development of Human rights - - - 47
2.6 Nature of Human Rights - - - - - - 58
2.7 The Scope of Human Rights - - - - - - 65
2.8 International Covenant on economic Social and Cultural Rights- 102 2.9 Summary - - - - - - - - - 107
CHAPTER THREE
3.0 NATURE AND SCOPE OF THE JURISDICTION OF ECOWAS COURT OF JUSTICE - - - - - - - 108
3.1 Introduction - - - - - - - - 108
3.2 Background to the ECOWAS court of justice - - - 109
3.3 Scope of the jurisdiction of ECOWAS Court - - - 117
3.4 Rules of procedure and evidence of the court - - - 145
3.5 Summary - - - - - - - - - 154
CHAPTER FOUR
4.0 PROTECTION OF HUMAN RIGHTS BY THE ECOWAS
COURT OF JUSTICE - - - - - - 155
4.1 Introduction - - - - - - - 155
4.2 Human rights jurisdiction of ECOWAS Court of Justice - 157
4.3 Access to the ECOWAS Court of justice for justice as a
Human Right - - - - - - - - - 164
4.4 Selected Case law on human rights by ECOWAS Court - 181
4.5 Summary - - - - - - - - - 212
CHAPTER FIVE
5.0 CONCLUSION, FINDINGS AND RECOMMENDATIONS - 213
5.1 Findings and Observations - - - - - - 221
5.2 Recommendations - - - - - - - 235
5.3 Concluding Remarks - - - - - - - 247
BIBLIOGRAPHY - - - - - - - - 250
CHAPTER ONE
1.0 GENERAL INTRODUCTION
1.1 BACKGROUND TO THE RESEARCH
The desire towards the establishment of ECOWAS Court of justice and an economic community embracing all the states of the West African region was initiated in the early sixties. The initiative was sought after most of these countries had gained independence from their former colonial powers such as the United Kingdom and France.
There are fifteen countries in West Africa that constitute what is called Economic Community of West African States, hereinafter called (ECOWAS) namely: Nigeria, Ghana, Burkina Faso, Mauritania, Togo, Cote d’voire, Mali, Senegal, Niger, Gambia, Sierra Leone, Liberia, Benin Republic, Chad and Cape Verde.1
ECOWAS was founded on 28th May, 1975 by the Treaty of Lagos. We shall divide the basic reasons for the establishment of ECOWAS into two which includes :
1. The remote reasons such as2 :
a. Equality and inter-independence of member states;
b. Solidarity and collective self reliance;
1 Osita, C.E “The ECOWAS Treaty and the Movement of Aliens, Goods and Services Across Nigeria” Official Journal of ECOWAS (1979) , Vol. 1 pp. 55-60.
2 Articles 3 and 4 of ECOWAS Revised Treaty, 1993
c. Interstate cooperation, harmonization of policies and integration of programs;
d. Promotion of harmonious development of economic activities among member states;
e. Observance of the legal system of the community;
f. Peaceful settlement of disputes among member states, active cooperation, accountability, economic justice and popular participation in development3
ECOWAS is a regional body which has its basis under Article xxiv of the General Agreement on Tariffs and Trades (GATT). This means that all ECOWAS member states are also members of GATT automatically.
This Article provides for the promotion of economic, social and cultural development and the integration of economies of the States in order to increase economic self reliance and promote indigenous and self reliant development.4
2. The immediate reasons which now fall within the aims and objectives of ECOWAS arise because of series of political conflicts, hunger and natural disasters. The ECOWAS mandate or role was extended to include the issues of human rights, maintenance of regional peace and
3 Article 4 ibid
4 Article xxiv GATT Treaty.
security. The current revised Treaty of ECOWAS made provisions in respect of human rights and maintenance of regional peace and security.5
Hence, in their nascent rise, most of the ECOWAS states focused their attention on consolidating their independence and upholding their national sovereignty tenaciously. Closely linked to this is the unusual suspicion as well as political and ideological differences among the West African States. These however, threatened cordial inter-state relationship among the member States. Hence, this informed the need for the formation of ECOWAS so as to forge closer ties among the countries. As the world gradually reduces into a “global village” due to the various scientific and technological developments, smaller economic blocs in form of small countries are becoming more and more inefficient in relation to resource control. There is the need therefore for the smaller nations to form alliances in order to build economic strength.
Also, small economic blocs in some regions are not in a formidable position to compete internationally with larger nation states. Thus, it presents a formidable challenge to create a regional organization such as the ECOWAS.
5 Section 3 and 4 of ECOWAS Revised Treaty, 1993.
The ECOWAS which was originally formed exclusively, as an economic organization was later expanded to include human rights issues, in addition to the economic integration issues, such as the harmonization and coordination of their national economic policies as well as:
i. the promotion and integration of socio-economic and political programs, projects and activities which include transportation, information, education policies, culture, science, tourism, environmental health and legal matters.6
ii. The establishment of ECOWAS common market, protection of the environment, joint production enterprises, liberalization of trade and distribution of tariffs, promotion of balanced development, and establishment of a fund for cooperation, compensation and development.7
1.2 STATEMENT OF THE RESEARCH PROBLEM
The problems of ECOWAS began with the political groupings and their orientation which culminated to lack of commitment to its policy implementation particularly between the Anglo-phone and Franco-phone countries. Some of these problems are highlighted below.
6 Ibid sections 3-4 of the Treaty
7 Ibid
1.2.1 Problem of lack of development
The basic problem of ECOWAS includes corruption leading to lack of economic development in the sub-region.
The issues of extortion at the border crossings by the personnel of the agencies concerned such as the customs, immigration officials, coastal guards and police etc, is creating a stumbling block to achieving the desired ends of abolishing the trade obstacles within ECOWAS regional trading relationships.
But, West African (WA) countries are yet to attain the economic maturity attained by most European countries in economic development. There is about three hundred years difference between the economic take off of most European countries and West African countries, most of which are even yet to take off economically. Examples abound in countries like Togo, Burkina Faso, Gambia, Chad, Liberia and Mauritania, to mention but few.
However, it was thought by the leaders of ECOWAS countries that, if the region is to be developed, the countries in it must develop together in unison. It was believed that no country of ECOWAS can develop without the others. The necessity of the world economic order today requires neighboring countries to cooperate in order to develop together. For
example, Nigeria cannot develop meaningfully and sustainably if other neighbouring countries remain poor. The impact of those non developed neighbouring countries could have a profound effect on the development of Nigeria in a negative way.
The adage is that, no individual is an island, ipso facto, no country is an island. All ECOWAS countries need one another in order to develop economically, and meaningfully. It was the popular view that the formation of a regional group, like ECOWAS, is the solution to the problem of economic under development of the member countries of ECOWAS. If it were so, how is it that since the establishment of the ECOWAS in1975 there has been no solution to the economic and legal development of most of the countries that formed ECOWAS? This is the problem that we will struggle to find out later in this work.
1.2.2 The Problem of colonialism and the practical application of the Treaty
A serious problem of ECOWAS is how to eradicate all forms of colonialism and defend the countries sovereignty and territorial integrity.
This problem of colonial legacy left by Britain and France, the former colonial rulers of ECOWAS member States constitutes a fundamental drawback to ECOWAS integration. For instance, while Britain practiced the
direct and indirect rule, France on the other hand, practiced the policy of assimilation where in all Franco-phone states’ citizens were made to behave like African Frenchmen in all ramifications. This had devastating effects on ECOWAS legal integration policy. Also there is the problem in the application of economic legal provisions of the ECOWAS Treaty into a working instrument that will achieve results similar to those achieved by similar provisions of the European Union Treaty. An example is how the legal provisions of the ECOWAS Treaty could be amended to suit all member countries. In fact, this was part of the reason the ECOWAS Treaty of 1975 was revised in 1993.
The European Economic Union (E.U) Treaty, which ECOWAS followed suit and reproduced, reflects substantially, the economic realities of Europe and this has made the E. U to succeed largely. How can the ECOWAS Treaty which reflects the African continent’s reality be made to work in an environment that is different from Europe? This is another problem of this research.
To further elaborate on the problem, how can there be efficient application of the ECOWAS legal and Economic Treaty, in a situation where no single country within the organization has the common basic legal and economic needs which the others don’t have?
For instance, if Ghana can manufacture cars, televisions and fridges etc, whereas, Nigeria or any other member of the ECOWAS states cannot but, they go and buy from Ghana. This will stimulate economic integration. Unfortunately, none of these countries manufactures any of the essential and basic needs of the other countries. This impedes the practical application of the ECOWAS Treaty and its realization.
1.2.3 Lack of legal and political cohesion in most ECOWAS Countries
There is the problem of legal and political uniformity among ECOWAS member countries. This is shown in the series of political crises that engulfed some of the ECOWAS countries such as Liberia and Sierra Leone where they were faced with civil strives. There were also the Nigeria and Cameroon conflicts over the Bakasi peninsular, and the Ivorian civil conflicts among others. Since the ECOWAS countries are not politically peaceful and united, it became very difficult for them to achieve the legal objectives of the ECOWAS Treaty? This is a serious problem confronting this research. Can the instrumentality of law be employed to bring about the political integration and harmony which is a precursor for economic development of ECOWAS member states?
1.2.4 Socio-cultural and religious differences
Another problem has to do with the lack of socio-cultural cohesion. Most of the ECOWAS states were either colonized by the United Kingdom or France. As such, their norms and values differed considerably, even though they were all West African states. For example, the differences in languages spoken such as English and French, posed serious problem touching on cohesion, repositioning of confidence, fraternity and brother- hood hence, constituted a source of division.
Secondly, there are differences due to the existence of numerous indigenous West African languages and legal systems, even though efforts are being made to bridge the language barrier however, the differences remain. For example, due to the numerous languages spoken in the region, English and French were chosen as languages of trade and communication of ECOWAS.
Thirdly, the numerous numbers of European countries that colonized West Africa brought with them various cultures and languages eg; Italian, Belgian, English, French and Spanish etc.
The colonial upbringing between the Anglo- phone and the Franco- phone countries as colonial heritages are quite at variance with each other in terms of language, bureaucracy, dressing, living style, egoism and
elitism etc. This wilts down wholesome implementation of the ECOWAS Treaty.
Also, the problem of religion is not only a national one but, a global issue transcending all ECOWAS states and the world at large. The question of which sets of religious beliefs member states should attest to, for instance, whether Christian, Muslim, or animist, plays a serious role in the ECOWAS integration efforts and this must be addressed.
1.2.5 Problem of conflicts and insecurity leading to human rights abuses
In most countries of ECOWAS, there are persistent and pervasive abuses of human rights by governments and leaders in the most ignoble manners. This includes political and economic disenfranchisement, lack of provision of adequate public amenities such as health care, water, education, electricity, as well as lack of transparency in governance, including ethnic cleansing, corruption and general victimization of opposition groups etc. These are evidently witnessed in Sierra Leone, Liberia under Charles Taylor, Mauritania and Cote d’voire to mention but a few.8 All these led to wars and human rights abuses in most member states of ECOWAS.
Human rights abuses resulting from political and economic instabilities led to unemployment, poverty, women and child trafficking,
8 West African Times, Sunday 14, 2000. pp 3-6
trans-border migrations, and various crimes all constituting a stumbling block and challenges to ECOWAS economic integration. These examples are found in almost all ECOWAS countries particularly Liberia, Sierra Leone, Mauritania, Chad, Cote d’voire and even Nigeria.9
In most African countries, there are records of persistent human rights abuses by governments. For example, the attitudes of stay-put in power by many African leaders who do not want leadership change, including some leaders of ECOWAS countries such as Eyadema of Togo, and Paul Biya of Cameroon etc, leaves so much to be desired.10 This gives room for the practice of single party systems, lack of democracy, poor governance, corruption and self perpetuation in power by leaders with tribal affiliations rather than national allegiance.11
1.2.6 Weak technological and scientific background
Most of the ECOWAS countries are not developed technologically. As such, all of them rely heavily on their former colonial masters in terms of all, if not most of their machineries for production and industrial growth and development. Some of these countries still rely on grants and aids from foreign donor countries and NGOS for their survival and development. Therefore, we may ask whether or not there can there be meaningful economic development without technological independence? Additionally
9 M.T Ladan “ Migration, Trafficking, Human Rights and Refugees Under International Law: A Case Study of Africa. Ahmadu Bello University Press Zaria, 2004 Caps. 1-6
10 Daily Trust February 11, 2009 p. 12
11 Ibid Daily Trust.
we ask, how can there be economic development without true political development? Hence, we make bold to state that without economic independence, there cannot be political independence. The two are interwoven. The complexities of ECOWAS countries can neither promote economic nor political independence. This is evident by complains made by business men and traders who ply the Lagos-Cotonou-Lome-Accra-Abijan axis of the highway of the high rate of extortion and intimidations at the borders on these routes.12 When Nigeria took a bold step to end the carnage in Liberia through the ECOWAS Monitoring Group (ECOMOG), most member countries particularly, the Franco-phone states were bitter about the Nigerian role as Nigeria was seen as the financier.13
1.2.7 Tribal Affiliations and lack of regional peace and security
Most citizens of the ECOWAS member states attach political allegiance to their leaders who share the same tribe, or the same geographical identity with those citizens, rather than being just patriotic or nationalistic to their countries. This was brought to limelight particularly during the Liberian, Sierra Leone, Ivory Coast and Mauritanian crises.14 These lead to internal and external conflicts that threaten regional peace and security such as the Sierra Leone /Liberian crises etc.15
12 Ibid p. 13
13 Ibid p. 12
14 M.T Ladan op. cit. pp.101-114
15 Ibid.
1.3 AIMS AND OBJECTIVES OF THE RESEARCH
This thesis aims at realizing the following objectives:
a. To find answers, or solutions to the problems as highlighted under paragraph 1.2 above. This will be done by analyzing the legal frame work provided in the ECOWAS community laws.
b. To examine the legal foundation for the human rights jurisdiction of the ECOWAS Court of justice.
c. To appraise selected human rights decisions of the court with a view to understanding better, the critical role of the court in human rights advancement for a meaningful regional integration in West Africa.
d. Finally, to conclude with some findings and recommendations.
1.4 SCOPE AND LIMITATION OF THE RESEARCH
The scope of this research is limited to the human rights jurisdiction of the ECOWAS Court of justice. Hence, the period of its establishment up to the year 2011 will be considered when most of the court’s decisions were delivered on human rights matters.
Also, the scope of this research is determined by the aims and objectives of the research mentioned in paragraph 1.3 above. This study will be limited to the areas of common legal systems and market, protection of the environment, trade liberalization and distribution of tariffs, interstate
cooperation and harmonization of economic policies, as well as peaceful settlement of disputes among other things.
1.5 SIGNIFICANCE/JUSTIFICATIONS OF THE RESEARCH
The significance of this study lies in the fact that there is paucity of literature on the subject, and this study aims at contributing to knowledge in this area. The study therefore, is justified in the following ways:
1. The findings and recommendations will be useful to the ECOWAS Court in terms of improvement of its performance on human rights adjudication.
2. The contribution to knowledge on the subject will benefit other researchers, students and human rights organizations by enhancing their better understanding of the role of the ECOWAS Court in human rights protection in West Africa.
3. This research will be very useful to all the organs of governments, and authorities of all ECOWAS member countries. Other regional organizations, such as the African Union (AU), and European Union (E.U), etc would find the study refreshing and useful.
1.6 RESEARCH METHODOLOGY
The research methodology adopted for this research is doctrinal. That is, it is a library oriented research. By this research methodology, primary research materials will be sourced from treaties, protocols, conventions and other international legal instruments and case laws. Secondary research materials will be sourced from text books, journals, magazines and newspaper publications etc. From these documents, critical analysis would be made with a view to accomplishing the aims and objectives of the study.
1.7 LITERATURE REVIEW
Analysis of the regional community laws is largely a new area of research. There are few literatures compared with the literatures on European community laws. In other words, there are many aspects of the topic of this research which are yet to receive specific consideration but which this work is set to do. Notwithstanding this, there are some few academic expositions, written on ECOWAS, that will be considered as the foundation of this study.
One very significant text book ever written on this subject is by M.T Ladan titled: “Introduction to ECOWAS Community Law and Practice: Integration, Migration, Human Rights, Access to Justice, Peace and
Security.”16 In this book, the scholar analysed and discussed coherently several aspects of the legal frameworks of the ECOWAS community, especially on the issues of integration, migration, human rights, and access to justice, peace and security.17 Infact, the academic contents of the learned scholar prompted the research in this area, particularly the area dealing with the role of ECOWAS court of justice in the protection of human rights under the ECOWAS treaty, so as to contribute to knowledge on this field.
Professor Tabiu and Professor M.T Ladan co-authoured a book titled: “Individual’s Right and Communal Responsibilities”.18 In this book, they submitted that children, even more than adults are entitled to full human rights protection. They show that children are the most vulnerable segment of ECOWAS member states. This appears to be a reasonable presentation on some issues under discussion. They focused their attention on individuals and children’s rights in ECOWAS countries, they did not delve into the issue of legal frame work of the ECOWAS Treaty. That is to say, though their research is on ECOWAS, it did not touch the subject matter of this work. There is therefore, a gap to be filled by this study.
16 Published by Ahmadu Bello University Press ltd. Zaria (2009) Caps.1-5
17 Ibid pp 5-20,169-180, 253-260 respectively.
18 Published by the Human Rights Commission (Abuja) in 1998 PP. 33-35
Another work with a bearing on the subject matter of this work is the one written by Professor M.T Ladan.19 In the book, the author argued that the weak political, economic, and socio-cultural conditions of most African countries (ECOWAS member states inclusive), led to hunger, starvation, unemployment, war, natural and artificial disasters, civil or religious conflicts, human rights violations, poverty, rape, child and women trafficking, prostitution within and outside Africa, as well as street begging, child soldiers conscription, and under development of Africa generally20. The book has actually highlighted some of the problems of ECOWAS legal and Economic integration difficulties. However, the author, a reknowned scholar, has over generalized the concept by his constant mentioning of the causes of women and children trafficking in the ECOWAS sub-region without considering the global issue on the subject matter.21 This made him not to focus his attention more seriously on ECOWAS court of justice and the Treaty, the subject of this research.
This study will remedy the shortcoming by analyzing the ECOWAS Treaty vis-à-vis the ECOWAS Court of justice in respect to the above subject.
19 ‘Migration, Trafficking , Human Rights and Refugees Under International Law’: A Case Study of Africa.
A.B.U. Press Zaria, Nig. (2004) PP. 101-126
20 Ibid pp101-126
21 Ibid p.128
Another of such scholarly literature is “The ECOWAS Treaty and the Movement of Aliens, Goods and Services Across Nigeria’s International Boundaries”.22 In this article, the writer tried to analyze the relationship of the ECOWAS Treaty and the freedom of trade and commerce, as well as the rights of ECOWAS members to move around their geographical boundaries to facilitate economic integration.23 This is not clearly explained because mere mention of free trade and commerce is not justified without showing how it can be achieved. Also, the writer failed to examine the legal framework of ECOWAS Court of justice in the protection of human rights in achieving these objectives in an elaborate manner such as how to use the ECOWAS protocols in order to achieve better results.24 Hence, this research will take care to cover these lapses.
Similarly, Professor Ajomo discussed on “African Economic Community Treaty: Issues, Problems and Prospects”.25 He tried to examine the tethering problems of ECOWAS and the way forward. It is a nice exposition on ECOWAS.26 But, his failure to mention the legal repercussions of the ECOWAS Treaty on member states makes it rather inconclusive. For instance, he did not mention how the ECOWAS Treaty
22 Osita C.E Published in the Official Journal of ECOWAS, Abuja Nig., (1979) VOL. 1. P.55-60
23 Ibid Pp. 55- 60
24 Ibid pp.60-61
25 Nigerian Institute of Advanced Legal Studies, Lagos, (1993). Pp. 137-150
26 Ibid p. 137-150
can be fully integrated within the member states by reason of the Treaty. He has created a legal lacuna. Hence, this research shall look at the basic aims and objectives of ECOWAS under the Treaty that will encourage the legal framework of ECOWAS court of justice in the protection of human rights and freedom of trade and commerce.
Bappa, A.I wrote in an article titled: “An appraisal of the Framework of ECOWAS Treaty Towards A Common Labor Standard.”27 In this article, he wrote about the need to create an enabling environment for citizens of member states to work and be employed in any ECOWAS country.28He also gave an insight on how ECOWAS can achieve labor integration under the Treaty.29There is a shortcoming on his article in the sense that, he limited the article to only labour integration without considering the legal implications of ECOWAS Court of justice for the protection of human rights and labour integration within the Treaty. It is for this reason that this study will further consider the actual legal implication of creating an enabling environment for the efficient working of ECOWAS Court of justice and movement of labour within the ECOWAS sub-region in the Treaty.
27 Ahmadu Bello University Journal of Private and Comparative Law (2000) Vol. 1 no. 2, pp.56-66
28 Ibid p. 67
29 Ibid p. 56-66
Also, there is an article by Robert, R. titled: “The Social Dimension of Regional Integration in ECOWAS”.30 The writer postulated on the areas relating to social interaction towards ECOWAS integration31. For example, he opined that it is only when member states allow free movement of persons and goods from one member state to another with or without visa, there cannot be real integration.32 His exposition falls short because, it is limited to only social integration. What about the role of ECOWAS Court of justice in the protection of human rights as well as the economic and political integration.? He did not dwell on this issue. There cannot be any economic cooperation and integration without political cohesion and integration since all ECOWAS members represent independent governments. Thus this study shall expatiate on the powers and functions of the administrative organs of ECOWAS in order to cover this lacuna.
In another book titled: “The New ECOWAS Treaty in International Law and Politics: An African Perspective”.33 The writer gave a resume of ECOWAS Treaty and the international dimension it acquired.34 He considered the areas of the Treaty that touch on the workability of economic and political aims and objectives on member states without
30 Working paper no. 49 of the Policy Integration Department, International labour office, Geneva DEC. 2004 p. 6
31 Ibid p. 7
32 Supra.
33 Oyebode A. Published by Bola publication, Lagos, 2003,p. 185
34 Ibid p. 34
giving any plausible explanation as to how this can be achieved in the most appropriate manner within the provisions of the Treaty.35
As can be critically understood from the topic, the book covers some significant aspects of this study. The only area of divergence has to do with the basic legal framework of ECOWAS Court of justice in a legal perspective. It appears this writer is a social scientist because, his work did not extend to legal perspectives. Thus, it is prudent that this research must be undertaken to address the academic lapses observed above in the area of legal and economic regional integration of ECOWAS generally by examining the legal provisions under the Treaty in respect of ECOWAS role in international law and politics.
The most striking identifiable gaps discovered under the above literature review is the failure of these scholars to properly examine the role of the ECOWAS Court of justice in the protection of human rights in member states. Also, there is no proper study on the assessment and implementation of ECOWAS Community laws, treaties, protocols and conventions. Thus, this study will tackle these issues critically and advance solutions in such a way that it will contribute to knowledge on the subject matter.
35 Ibid at p. 36
1.8 ORGANIZATIONAL LAYOUT
This research is divided into five chapters. Chapter one gives a general introduction. This includes the background to the research, problems of the research, aims and objectives of the research, scope and limitations of the research, its justification and significances, methodology, and literature review of the study, as well as the organizational layout.
Chapter two examines the conceptual clarification of key terms such as the nature and scope of ECOWAS, functions and mandate of ECOWAS, nature and scope of ECOWAS organs, and the concept of human rights.
Chapter three focuses on the nature and scope of the jurisdiction of ECOWAS Court of justice as well as rules and procedures of evidence of the court.
Chapter four considers the ECOWAS court of justice in the protection of human rights and selected case law on the subject matter.
Chapter five contains the conclusion, summary of the findings, suggestions and recommendations.
.