THE ENFORCEMENT OF THE RIGHT OF ESTABLISHMENT BEFORE THE ECOWAS COURT: JURISDICTIONAL HURDLES FOR INDIVIDUALS

Julius Edobor

Abstract

The Economic Community of West African States Court of Justice (ECCJ)
was established in 1991 by the Protocol on the ECCJ. This article examines the jurisdictional challenges faced by individuals in approaching the
ECCJ with regard to the violation of the right of establishment within the
sub-region. Fundamentally, the inability of the ECOWAS citizens to access
the ECCJ to litigate ECOWAS Protocols is given prominent emphasis with
reference to the case of Pinheiro v. Republic of Ghana. Although, the ECCJ
can now assume jurisdiction over cases of human rights violations through
its expanded mandate, its jurisdiction is still very limited, given the inability of individuals to use the jurisdiction of the Court for the interpretation
and application of ECOWAS Protocols. The study, therefore, argues for an
amendment to the ECOWAS instruments to accommodate the protection
of individual rights. It also argues for the Court’s courageous approach in
interpreting ECOWAS Protocols in line with the object of ECOWAS, to accommodate suits by individuals seeking to enforce their Community rights