AN APPRAISAL OF THE COMMUNITY COURT OF JUSTICE OF THE ECONOMIC COMMUNITY OF WEST AFRICAN STATES (ECOWAS) IN CONFLICT RESOLUTION

AN APPRAISAL OF THE COMMUNITY COURT OF JUSTICE OF THE ECONOMIC COMMUNITY OF WEST AFRICAN STATES (ECOWAS) IN CONFLICT RESOLUTION

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  • Study Level: BTech, BSc, BEng, BA, HND, ND or NCE.
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ABSTRACT


This thesis has found out that the court does not have an efficient means of coercion to apply delivered decisions, there by making the enforcement of the court’s decision cumbersome; decision of the court
dealing with sanctions on member state who fail to fulfil their obligations are more complex than the interpretation of ECOWAS text; the research showed that the court also did not provide for the time limit in which an application can be reacted or responded to or time limit in which an annulment decision must be enforced. This thesis has put forth suggestions for the court. The suggestions essentially call for full subregional integration process by the court like all other ECOWAS institutions. The research revealed that the place of the court in the subregional integration will be more important if the decisions delivered by it can be enforced without encumbrance within the ECOWAS region; and that member states and some national institutions should not hold on tightly to their sovereignty but rather try to put enough zeal into facilitating rapid and efficient execution of decisions made by the court. This research work highlighted the extent of the powers of the Community Court of Justice and the factors that have led to it a judicial body with limited powers as regards the lack of access to court being by individual citizens, with the expansion of the provisions of the protocol, the court is bound to blossom in the scope of jurisdiction. It is hoped that this will help to move the sub-region towards greater integration so as to be able to compete in the new competitive global market. The ECOWAS Court has consistently demonstrated courage in the discharge of its vital role in putting an end to violation of all human rights
and impunity of perpetrators in the sub region.


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