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ECOWAS COURT OF JUSTICE SEEKS SYNERGY WITH COURTS OF MEMBER STATES (Ifeanyi Valentine, Abuja)


President of the ECOWAS Court of Justice, Edward Asante, has expressed deep concerns over non-referrals from the Courts of Member States.

Delivering a goodwill message at the opening of the second extraordinary Session of the ECOWAS Parliament held virtually, the Justice Edward lamented that the Court has never in its history received any  referrals from any Member State emphasizing that these referrals help in strengthening and development of  community law.

Edward said, “Just like the Parliament, the Court also has the power to entertain referrals under its original mandate as the principal legal organ of the Community;

“In this role, the Court is required to ensure the observance of law and the principles of equity in the interpretation and application of the provisions of the 1993 Revised Treaty and all other subsidiary legal instruments of the Community;

“Under Article 10 of the Protocol on the Court, it is vested with the power to issue in advisory capacity, a legal opinion on matters that require the interpretation of the provisions of the Treaty, in this way, it contributes to the prevention of conflicts or disputes as to the interpretation of the provisions of the treaty.”. 

Continuing, Justice Edward stated that in the exercise of this mandate, the Court expects referrals from the Courts of Member States in order to help strengthen the development of Community law. 

“Unfortunately, the Court has never in its history received any such referrals from any Member State, a worrisome development which has implications for the development of Community law and its integration into those of the States;


“The Court is therefore encouraged by the exercise of this referral power by the Parliament, albeit by the Commission. As we continue to strengthen the role of Community institutions in our integration” Edward added, 

He concluded by saying that “the ECOWAS Court of Justice is committed in working with the Parliament and ECOWAS Parliamentarians towards ensuring that the ECOWAS Court receives referrals from national courts because of its salutary impact on our integration project;

“In this way we will be strengthening the collaboration between both institutions in the service of the Community and furthering the delivery of justice across the region” Edward concluded.

 

 


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