A respected ECOWAS Court would bring significant benefits. It would enhance human rights protection and justice.
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The protests, initially sparked by widespread outrage over recurring incidents of police brutality, particularly by the Special Anti-Robbery Squad , and specifically by a video of SARS operatives robbing a young man in Ughelli, Delta State, gained international attention for their scale and the government’s response.
It would be incomplete to speak of the judgment without addressing the defence put up by the government. There was something particularly disturbing about the government’s counsel choosing to make its defence against the accusations by claiming that the protesters were aiding Boko Haram terrorists.
Initially, the Court had limited visibility and impact, primarily dealing with disputes between member states and the ECOWAS Commission. However, the 2005 Supplementary Protocol expanded its jurisdiction to include cases brought by individuals and corporate bodies regarding human rights violations. This shift significantly increased the Court’s caseload and led to several landmark rulings on human rights cases.
The Court provides a formal avenue for individuals, institutions, and governments to seek redress and hold states accountable for human rights violations and other disputes. Maintaining official records of these cases and rulings ensures transparency and creates a valuable legal archive. While compliance may be inconsistent, documenting grievances and decisions is a step towards greater accountability and the rule of law in the region.
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