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ECW/CCJ/JUD/03/05 Jerry Ugokwe v. Nigeria
IN THE COMMUNITY COURT OF JUSTICE OF THE ECONOMIC COMMUNITY OF WEST AFRICAN
STATES (ECOWAS) HOLDEN AT ABUJA, NIGERIA ON THE 7TH OCTOBER, 2005
SUIT No. ECW/CCJ/APP/02/05
JUDGMENT No. ECW/CCJ/JUD/03/05

BETWEEN
HONOURABLE DR. JERRY UGOKWE - Plaintiff
V.
THE FEDERAL REPUBLIC OF NIGERIA - Defendant
2. HONOURABLE DR. CHRISTIAN OKEKE (Applicant for intervention)
COMPOSITION OF THE COURT
HON. JUSTICE HANSINE N. DONLI - PRESIDING
HON. JUSTICE AWA NANA DABOYA - MEMBER
HON JUSTICE EL MANSOUR TALL - MEMBER
ASSISTED BY Mr. Tony Anene -Maidoh - Chief Registrar
COUNSEL TO THE PARTIES

Wale Adebayo, Kayode Ajulo - for the Plaintiff
Ayodele Akande - for the Defendant
Fedelie A. Obateru - for the Intervener

Judgment of the Court
1. The Applicant, Hon. Dr. Jerry Ugokwe, a Nigerian Member of Parliament, resident at Zone B - Block 22,
Flat 1, Apo Legislative Quarters, at Abuja - Nigeria, is represented by his counsel Adebayo Adewole Esq.,
living at 1st Floor Maim Court - Plot 252 A, Herbert Macaulay Way, Central Business District, Abuja Nigeria.
2. The Defendant, the Federal Republic of Nigeria, admitted in the person of the Hon. Attorney General and
Federal Minister of Justice, is represented by Mr. Ike Chukwu Maledo of the Office of the Attorney General
and Minister of Justice - Federal Secretariat, Maitama, Abuja; and by Akande Ayodeji Esq.
3. The intending Intervener, Hon. Justice Okeke, living at No. 8 Eket Close, Area 8, Garki, Abuja - Nigeria,
has as his counsel, Jude Okeke Esq., the latter having chosen as residence the same address as his client,
i.e. No. 8 Eket Close, Area 8, Garki, Abuja - Nigeria.
4. All the Parties have appeared in Court with their respective lawyers, or were duly represented. It shall be
appropriate to adjudicate upon their submissions, after all the Parties involved in the case have duly been
heard just like the lawyers, all the parties have acted in accordance with Article 28 (3) of the Rules of the
Court.
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ECW/CCJ/JUD/03/05 Jerry Ugokwe v. Nigeria

ECOWAS Court

ECCJ App no.: ECW/CCJ/APP/02/05

ECCJ Jud No.: ECW/CCJ/JUD/03/05

Type of Document

Judgement

Keywords

Elections / Referendums
Participation in Government
Right to Fair Trial

Country

Nigeria

Outcome: Case Dismissed

Year Decided: Oct 7, 2005

African Charter Rights Alleged to be Violated

ACHPR 7: Right to Fair Trial

Duration of Procedure: May 12, 2005 ~ Oct 7, 2005

Primary Documents

ECW_CCJ_JUD_03_05 Jerry Ugokwe v. Nigeria.pdf
english
ML TOC
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20. ECW_CCJ_JUD_03_05 Jerry Ugokwe v. Nigeria - PT.pdf
portuguese
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ECW_CCJ_JUD_03_05 Jerry Ugokwe c. Nigéria.pdf
french
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Supporting files

ECOWAS Court Rules of Procedure

(3) The lawyer acting for a party must lodge at the Registry a certificate that he is authorized to practice before a Court of a member State or of another State, which is a party to the Treaty.

Rules of Procedure

Protocol A/P.I/7/91 on the Community Court of Justice

Treaty

African Charter on Human and Peoples' Rights

Treaty

Universal Declaration of Human Rights (UDHR)

UN Document

African Charter on Human and Peoples' Rights

Article 71.Every individual shall have the right to have his cause heard. This comprises: (a) the right to an appeal to competent national organs against acts of violating his fundamental rights as recognized and guaranteed by conventions, laws, regulations and customs in force; (b) the right to be presumed innocent until proved guilty by a competent court or tribunal; (c) the right to defense, including the right to be defended by counsel of his choice; (d) the right to be tried within a reasonable time by an impartial court or tribunal. 2.No one may be condemned for an act or omission which did not constitute a legally punishable offence at the time it was committed. No penalty may be inflicted for an offence for which no provision was made at the time it was committed. Punishment is personal and can be imposed only on the offender.

Treaty

Universal Declaration of Human Rights (UDHR)

UN Document

Supplementary Protocol A/SP.1/01/05 Amending the Preamble and Articles 1, 2, 9 and 30 of Protocol A/P.1/7/91 Relating to the Community Court of Justice and Article 4 Paragraph 1 of the English Version of the Said Protocol (ECOWAS Court Supplementary Protocol 2005)

4. The Court has jurisdiction to determine case of violation of human rights that occur in any Member State.

Treaty

d) Individuals on application for relief for violation of their human rights; the submission of application for which shall: i. Not be anonymous; nor ii. Be made whilst the same matter has been instituted before another International Court for adjudication;

Treaty

African Charter on Human and Peoples' Rights

Every individual shall have the right to have his cause heard. This comprises: (a) the right to an appeal to compe tent national organs against acts of violating his fundamental rights as recognized and guaranteed by conventions, laws, regulations and customs in force; (b) the right to be presumed innocent until proved guilty by a competent court or tribunal; (c) the r ight to defense, including the right to be defended by counsel of his choice; (d) the right to be tried within a reasonable time by an impartial court or tribunal. 2. No one may be condemned for an act or omission which did not constitute a legally punis hable offence at the time it was committed.

Treaty

Universal Declaration of Human Rights (UDHR)

UN Document

Article 3:Article 9 of the Protocol on Community Court of Justice substituted. Article 9 of the Protocol relating to the Community Court of Justice is hereby deleted and substituted by the following new provisions: “Article 9: Jurisdiction of the Court. 1.The Court has competence to adjudicate on any dispute relating to the following: a) The interpretation and application of the Treaty, Conventions and Protocols of the Community; b) The interpretation and application of the regulations, directives, decisions and other subsidiary legal instruments adopted by ECOWAS; c) The legality of regulations, directives, decisions and other legal instruments adopted by ECOWAS d) The failure by Member States to honor their obligations under the Treaty, Conventions and Protocols, regulations, directives, or decisions of ECOWAS; e) The provisions of the Treaty, Conventions and Protocols, regulations, directives or decisions of ECOWAS Member States; f) The Community and its officials; and g) The action for damages against a Community institution or an official of the Community for any action or omission in the exercise of official functions. 2. The Court shall have the power to determine any non-contractual liability of the Community and may order the Community to pay damages or make reparation for official acts or omissions of any Community institution or Community officials in the performance of official duties or functions. 3. Any action by or against a Community Institution or any Member of the Community shall be statute barred after three (3) years from the date when the right of action arose. 4. The Court has jurisdiction to determine case of violation of human rights that occur in any Member State. 5. Pending the establishment of the Arbitration Tribunal provided for under Article 16 of the Treaty, the Court shall have the power to act as arbitrator for the purpose of Article 16 of the Treaty. 6. The Court shall have jurisdiction over any matter provided for in an agreement where the parties provide that the Court shall settle disputes arising from the agreement. 7. The Court shall have the powers conferred upon it by the provisions of this Protocol as well as any other powers that may be conferred by subsequent Protocols and Decisions of the Community. 8. The Authority of Heads of State and Government shall have the power to grant the Court the power to adjudicate on any specific dispute that it may refer to the Court other than those specified in this Article.

Treaty

Article 4:Insertion of a new Article 10 in the Protocol of the Community Court of Justice.The Protocol on the Community Court of Justice is amended the insertion of the following new Article as follows: “Article 10: Access to the Court. Access to the Court is open to the following: a) Member States, and unless otherwise provided in a Protocol, the Executive Secretary, where action is brought for failure by a Member state to fulfill an obligation; b) Member States, the Council of Ministers and the Executive Secretary in proceeding for the determination of the legality of an action in relation to any community text; c) Individuals and corporate bodies in proceedings from the determination of an act or inaction of a Community official which violates the rights of the individuals or corporate bodies; d) Individuals on application for relief for violation of their human rights; the submission of application for which shall: i. Not be anonymous; nor ii. Be made whilst the same matter has been instituted before another International Court for adjudication; e) Staff of any Community institution, after the Staff Member has exhausted all appeal processes available to the officer under the ECOWAS Staff Rules and Regulations; f) Where in any action before a court of a Member State, an issue arises as to the interpretation of a provision of the Treaty, or the other Protocols or Regulations, the national court may on its own or at the request of any of the parties to the action

Treaty

c) Individuals and corporate bodies in proceedings from the determination of an act or inaction of a Community official which violates the rights of the individuals or corporate bodies; d) Individuals on application for relief for violation of their human rights; the submission of application for which shall: i. Not be anonymous; nor ii. Be made whilst the same matter has been instituted before another International Court for adjudication;

Treaty

ECOWAS Revised treaty

Treaty

Protocol A/P.I/7/91 on the Community Court of Justice

Treaty

Revised Treaty of Economic Community of West African States (1993)

2. Failing this, either party or any other Member States or the Authority may refer the matter to the Court of the Community whose decision shall be final and shall not be subject to appeal.

Treaty

Revised Treaty of Economic Community of West African States (1993)

Article 9 Decisions The Authority shall act by decisions. Unless otherwise provided in this Treaty or in a Protocol decisions of the Authority shall be adopted, depending on the subject matter under consideration by unanimity, consensus or, by a two-thirds majority of the Member States. Matters referred to in paragraph 2 above shall be defined in a Protocol. Until the entry into force of the said Protocol, the Authority shall continue to adopt its decisions by consensus. Decisions of the Authority shall be binding on the Member States and institutions of the Community, without prejudice to the provisions of paragraph 3 of Article 15 of this Treaty. The Executive Secretary shall publish the decisions thirty (30) days after the date of their signature by the Chairman of Authority. Such decisions shall automatically enter into force sixty (60) days after the date of their publication in the Official Journal of the Community. Decisions shall be published in the National Gazette of each Member State within the period stipulated in paragraph 6 of this Article. Article 10 The Council of Ministers Establishment, Composition and Functions There is hereby established a Council of Ministers of the Community. The Council shall comprise the Minister in charge of ECOWAS Affairs and any other Minister of each Member State. Council shall be responsible for the functioning and development of the Community. To this end, unless otherwise provided in this Treaty or a Protocol, Council shall: Page 10 (j) make recommendations to the Authority objectives of the Community; on any action aimed at attaining the (k) appoint all statutory appointees other than the Executive Secretary; (l) by the powers delegated to it by the Authority, issue directives on matters concerning coordination and harmonization of economic integration policies; (m) make recommendations to the Authority on the appointment of the External Auditors; (n) prepare and adopt its rules of procedure; (o) adopt the Staff Regulations institutions of the Community; and approve the organizational structure of the (p) approve the work programmes and budgets of the Community and its institutions; (q) request the Community Court of Justice, where necessary, to give advisory opinion on any legal questions; (r) carry out all other functions assigned to it under this Treaty and exercise all powers delegated to it by the Authority. Article 11 Meetings The Council shall meet at least twice a year in ordinary session. One of such sessions shall immediately precede the ordinary session of the Authority. An extraordinary session may be convened by the Chairman of Council or at the request of a Member State provided that such request is supported by a simple majority of the Member States. The office of Chairman of Council shall be held by the Minister responsible for ECOWAS Affairs of the Member State elected as Chairman of the Authority.

Treaty

4. The Court has jurisdiction to determine case of violation of human rights that occur in any Member State.

Treaty

Revised Treaty of Economic Community of West African States (1993)

PH3 Page 6 (i) the liberalization of trade by the abolition, among Member States, of customs duties levied on imports and exports, and the abolition among Member States, of non-tariff barriers in order to establish a free trade area at the Community level; (ii) the adoption of a common external tariff and, a common trade policy vis-à-vis third countries; (iii) the removal, between Member States, of obstacles to the free movement of persons, goods, service and capital, and to the right of residence and establishment. (e) the establishment of an economic union through the adoption of common policies in the economic, financial social and cultural sectors, and the creation of a monetary union; (f) the promotion of joint ventures by private sectors enterprises and other economic operators, in particular through the adoption of a regional agreement on cross-border investments; (g) the adoption of measures for the integration of the private sectors, particularly the creation of an enabling environment to promote small and medium scale enterprises; (h) the establishment of an enabling legal environment; (i) the harmonization of national investment codes leading to the adoption of a single Community investment code; (j) the harmonization of standards and measures; (k) the promotion of balanced development of the region, paying attention to the special problems of each Member State particularly those of land-locked and small island Member States; (l) the encouragement and strengthening of relations and the promotion of the flow of information particularly among rural populations, women and youth organizations and socio professional organizations such as associations of the media, business men and women, workers, and trade unions; (m) the adoption of a Community population policy which takes into account the need for a balance between demographic factors and socio economic development; (n) the establishment of a fund for cooperation, compensation and development; and (o) any other activity that Member States may decide to undertake jointly with a view to attaining Community objectives. Article 4 Fundamental Principles The High Contracting Parties, in pursuit of the objectives stated in Article 3 of this Treaty, solemnly affirm and declare their adherence to the following principles: Page 7 equality and inter-dependence of Member States; (p) solidarity and collective self-reliance; (q) inter-State cooperation, harmonization of policies and integration of programmes; (r) non-aggression between Member States; (s) maintenance of regional peace, stability and security through the promotion and strengthening of good neighbourliness; (t) peaceful settlement of disputes among Member States, active cooperation between neighbouring countries and promotion of a peaceful environment as a prerequisite for economic development; (u) recognition promotion and protection of human and peoples' rights in accordance with the provisions of the African Charter on Human and Peoples' Rights;

Treaty

African Charter on Human and Peoples' Rights (Banjul Charter)

Treaty

African Charter on Human and Peoples' Rights

Treaty

ECOWAS Revised treaty

ARTICLE4FUNDAMENTALPRINCIPLESTHE HIGH CONTRACTINGPARTIES,in pursuit of the objectives stated in Article 3of thisTreaty,solemnly affirm and declare their adherence to the following principles:a)equalityandinter-dependenceofMemberStates;b)solidarityandcollectiveself-reliance;c)inter-Stateco-operation,harmonisationof policiesand integrationof programmes; ECOWASREVISEDTREATYd)non-aggression between Member States;e)maintenanceof regional peace, stability and security through the promotion andstrengtheningofgoodneighbourliness;f)peaceful settlement of disputes among Member States,activeco-operation betweenneighbouring countries and promotion of a peacefulenvironmentas a prerequisitefor economic development;g)recognition,promotionandprotectionof humanand peoples' rights in accordancewith the provisions of the African Charter on Human and Peoples' Rights;h)accountability, economic and social justice and popularparticipationindevelopment;i)recognitionandobservanceof therulesandprinciplesof theCommunity;j)promotionandconsolidationofademocraticsystemofgovernanceineachMemberStateasenvisagedbytheDeclarationofPoliticalPrinciplesadoptedinAbujaon6 July, 1991; andk)equitableandjustdistributionofthecostsandbenefitsofeconomicco-operationand integration.

Treaty

Protocol A/P.I/7/91 on the Community Court of Justice

Article 19: Decisions of the Court1. The Court shall examine the dispute before it in accordance with the provisions of the Treaty and its Rules of Procedure. It shall also apply, as necessary, the body of laws as contained in Article 38 of the Statutes of the International Court of Justice.2. Decisions of the Court shall be read in open court and shall state the reasons on which they are based. Subject to the provisions on review contained in this Protocol, such decisions shall be final and immediately enforceable.3. The Court shall give only one decision in respect of each dispute brought before it. Its deliberations shall be secret and its decisions shall be taken by a majority of the members.

Treaty

African Charter on Human and Peoples' Rights (Banjul Charter)

Treaty

Protocol A/P.I/7/91 on the Community Court of Justice

Treaty