An Overview of the Nature and Scope of ECOWAS Court of Justice in the Administration of Justice

Abstract

The Community Court of Justice, ECOWAS was established as the principal legal organ of ECOWAS with the main function of resolving disputes relating to the interpretation and application of the provisions of the Revised Treaty and the annexed Protocols and Conventions. The primary objective of the administration of Justice is to render justice according to law. The Court is enjoined to ensure the observance of law and of the principles of equity in the interpretation and application of the provisions of the Treaty. The Protocol further enjoins the Court to establish its own Rules of Procedure. For any court of record, Rules of Procedure are important, because they regulate the proceedings of the Court. The method adopted in this research is doctrinal in nature. In every judicial system, practice and procedure is of paramount importance because of its relevance in the application of the substantive law. Lawyers are expected to have a good knowledge of law as well as practice and procedure of the various Court systems. But, the basic problem is that many Lawyers in our sub-region are not familiar with the ECOWAS Court, its competence, practice and procedure. It must be pointed out that the ECOWAS Court is an International Court, its practice and procedure are slightly different from the Practice and Procedure of the domestic courts in Member States. Thus, it is logical to state that lawyers in the West African sub-region must acquaint themselves to the practice and procedure rules in the ECOWAS Courts.