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ECOWAS Court promotes access to justice for ECOWAS citizens

Sunrise by Sunrise
January 27, 2025
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By Olukayode Idowu

The Community Court of Justice, ECOWAS, has officially adopted the Instructions to the Chief Registrar and Practice Directions (2025), aimed at enhancing efficiency and procedural integrity.

According to a statement on Friday, these updates reinforce the Court’s commitment to providing effective access to justice for the citizens of the ECOWAS region.

The statement said the adoption of these updated guidelines stems from the recommendations of the Judicial Retreat held from 12 to 15 November 2023 and the Judges’ Retreat held from 15 to 19 November 2023.

According to it, the revised documents consolidate and supplement the Instructions to the Chief Registrar and Practice Directions of 2012, as well as the 2020 Practice Directions on Electronic Case Management and Virtual Court Sessions, addressing procedural gaps and improving case management.

The Key Highlights of the New Instructions and Practice Directions include: Streamlined Case Management: Applications must comply with specified page limits to ensure expediency: Initiating Applications and Statements of Defence are limited to 15 pages, Replies and Rejoinders to 10 pages, and other applications to 5 pages; Applications must adhere to technical specifications, including A4 paper size, Times New Roman font, and font size 12 or higher.

Monitoring and Compliance: The Chief Registrar is tasked with ensuring adherence to filing deadlines, issuing Certificates of Non-lodgement in cases of non-compliance, and delisting dormant cases where appropriate.

Expedited Procedures: Urgent applications for expedited procedures or interim measures are prioritized, with translations of pleadings given precedence.

Enhanced Language Accessibility: Parties requiring interpretation in non-working languages of the Court may formally request such services, with provisions for freelance interpreters under ECOWAS-approved conditions.

Compensation and Damages: Awards are to be made in the currency of the Respondent State, with flexibility for conversion using prevailing exchange rates published by the ECOWAS Bank for Investment and Development (EBID).  

Preliminary Objections and Consolidation of Cases: Clear timelines and processes for raising preliminary objections and consolidating cases are outlined to streamline proceedings.

Intervention and Amicus Curiae Participation: Provisions for third-party interventions and submissions by amicus curiae ensure broader stakeholder engagement in cases.

According to the statement, the updates are issued under Article 12 and Article 100 of the Court’s Rules, empowering the Court to establish procedural guidelines and ensure the proper conduct of Parties, their Agents, Advisers, and Counsel. The new directives are grounded in the Court’s continuous efforts to address procedural challenges and uphold the principles of justice and equity.

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