PHOTO: Justice Asante, ECOWAS Court of Justice President
By Frank Sainworla, Jr. fsainworla@yahoo.com
Several judgements rendered by the ECOWAS Court ofJustice are yet to be enforced, something the President of the ECOWAS Court of Justice, Edward Amoaka Asante describes as “worrisome”.
The Abuja-based Court was set up by the 15-member Economic Community of West African States—————–
Speaking early this week during a virtual press conference via zoom from the Court in the Nigerian capital, Justice Edward Amoaka Asante called on ECOWAS member countries to comply with their mandate to enforce the Court’s judgements in their respective countries.
Asked by the Liberian media outlet www.newspublictrust.com whether the problem with enforcement of the Court’s judgements is due to the lack of political will, the President of the ECOWAS Court of Justice responded in the affirmative,
Justice Asante said judgements by the court is binding and are enforceable, but this court has not been given the enforcement mandate, emphasizing the need for political will”, adding that a way out of this is necessary through an amendment of the Court’s protocol by member countries.
“If the Court makes judgement and it cannot be enforced, then what’s the use of the Court?” he asked.
The President of the EOWAS Court threw up a challenge to the people of West Africa to add their voices to calls for political will in enforcing judgements and making the court more effective in dispensing justice in the sub-region.
“It’s up to Journalists and the civil society to put pressure on their governments,” Justice Asante added.
At the same time, in the wake of the three-month suspension of the court’s sessions due to the outbreak of the COVID-19 pandemic, the President of the court on June 23, 2020 announced the introduction of virtual trial system and e-filing of cases by the court.
He disclosed that the virus pandemic affected 71 cases, including 27 judgements scheduled by the court for the period.
“The Court could also not consider the 12 Applications filed during the period for accelerated hearing,” Justice Asante said.
But now, with the introduction of the new virtual trial system and e-filing of cases, Lawyers of parties will be able to file cases from anywhere they are in the sub-region and around the world—they won’t have to be physically present at the court in Abuja.
“When that is done, then automatically, a copy will be generated and transmitted to the other party or his lawyer who will already be in our system,“ the head of the court added.
The President told the inaugural virtual press conference of the ECOWAS Court that there was drop in momentum in the handling of cases generated by the present college of judges who after delivering a record 35 decisions.
He said this comprised 28 judgments and seven rulings between 16th September 2018 and 15th September 2019, which was primed for a hectic 2020 by scheduling 60 cases between 23rd March and 21st October 2020.
He also disclosed that the Court currently has a backlog of 431 court processes awaiting translations. Ninety eight of them are into English, 89 others into French and the remaining 224 into Portuguese.
Justice Asante regretted the reduction of Translators from 9-6, which he was said to be due to financial constraints, appealing for the reversal of this decision.
He called on Member States “to capacitate the Court with the requisite resources to function in a post COVID-19 era.”