Mr Apraku Nketia, the Head of Legal Services and Research, ECOWAS Court of Justice (CCJ), says although the ECOWAS Court of Justice plays a crucial role in adjudicating electoral disputes, it is not an electoral arbiter.
He said the Court jurisdiction and functions cover a broader spectrum of issues related to the interpretation and application of the ECOWAS Treaty and other legal instruments within the region.
He said the ECOWAS Court could not just be an electoral dispute arbiter and that if a member state, group of people or individuals felt that the conduct of the electoral process had in a way affected their human rights, the protocols and treaties would apply.
However, “the court cannot be an electoral arbiter, simpliciter,” Mr Nketia said at a press briefing at the Ministry of Foreign Affairs and Regional Integration to climax a week-long sensitisation visit to Ghana.
Currently, over 400 cases have been delivered by the ECOWAS Court of Justice with 131 outstanding cases.
“We have a lot of protocols that govern the conduct of elections in member countries. And these protocols are binding on member states. If in the preparation and at the conduct of the election, if a member state is not actually complying with some of the provisions of this protocol, it will amount to maybe violation of the rights of a group of people or an individual. If you can converse your argument before the court with solid evidence, then the court can grant you an audience,” he said.
He said the desire of the court was to see all judgment rendered by the courts being implemented.
Mr Nketiah said when the court gave its judgement, it was up to political leaders to implement those judgements, and that without the implementation of those judgements, the issues would still linger on, and the relevance of the court would not be felt in such instances.
As part of measures to ensure the full implementation of judgements, he said the ECOWAS Court of Justice had been engaging stakeholders like the ministries responsible for the implementation of judgements like Ghana’s Attorney General’s Department.
He noted that, “there are other high-level engagements that the management of the court together with the ECOWAS Commission did to have the decisions of the court implemented. Internally, the court has also instituted some measures like appointing officers who are responsible particularly for the implementation of the judgment.”
“The political will rest with the leadership of the community, various countries, as to how they would take and prioritize the implementation processes. It is solely up to them. Ours is persuasive and theirs is the decision-making,” he added.
He said the success of an international tribunal should not be limited to the implementation of its judgements alone, and that some of its judgements had informed policy formulation across the entire community.
Mr Kwaku Ampratwum-Sarpong, Deputy Minister, Foreign Affairs and Regional Integration (Political and Economic), who spoke earlier at the opening of a sensitisation forum, said the ECOWAS Court of Justice stood as a cornerstone institution with a pivotal role in upholding the rule of law, promoting human rights and fostering regional integration.
He said over the years Ghana had demonstrated unwavering support for the ECOWAS Court of Justice through active participation in its proceedings, adherence to its decisions and collaboration with the Court’s mechanisms.
