CHAPTER ONE
1.0 GENERAL INTRODUCTION
1.1 BACKGROUND TO THE RESEARCH
The desire towards the establishment of ECOWAS Court of justice and an economic community embracing all the states of the West African region was initiated in the early sixties. The initiative was sought after most of these countries had gained independence from their former colonial powers such as the United Kingdom and France.
There are fifteen countries in West Africa that constitute what is called Economic Community of West African States, hereinafter called (ECOWAS) namely: Nigeria, Ghana, Burkina Faso, Mauritania, Togo, Cote d’voire, Mali, Senegal, Niger, Gambia, Sierra Leone, Liberia, Benin
Republic, Chad and Cape Verde.1
ECOWAS was founded on 28th May, 1975 by the Treaty of Lagos. We shall divide the basic reasons for the establishment of ECOWAS into two which includes :
1. The remote reasons such as2 :
- Equality and inter-independence of member states;
- Solidarity and collective self reliance;
- Osita, C.E “The ECOWAS Treaty and the Movement of Aliens, Goods and Services Across Nigeria” Official Journal of ECOWAS (1979) , Vol. 1 pp. 55-60.
- Articles 3 and 4 of ECOWAS Revised Treaty, 1993
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- c. Interstate cooperation, harmonization of policies and integration of programs;
- Promotion of harmonious development of economic activities among member states;
- Observance of the legal system of the community;
- Peaceful settlement of disputes among member states, active cooperation, accountability, economic justice and popular
participation in development3
ECOWAS is a regional body which has its basis under Article xxiv of the General Agreement on Tariffs and Trades (GATT). This means that all ECOWAS member states are also members of GATT automatically.
This Article provides for the promotion of economic, social and cultural development and the integration of economies of the States in order to increase economic self reliance and promote indigenous and self
reliant development.4
- The immediate reasons which now fall within the aims and objectives of ECOWAS arise because of series of political conflicts, hunger and natural disasters. The ECOWAS mandate or role was extended to include the issues of human rights, maintenance of regional peace and
- Article 4 ibid
- Article xxiv GATT Treaty.
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security. The current revised Treaty of ECOWAS made provisions in
respect of human rights and maintenance of regional peace and security.5 Hence, in their nascent rise, most of the ECOWAS states focused
their attention on consolidating their independence and upholding their national sovereignty tenaciously. Closely linked to this is the unusual suspicion as well as political and ideological differences among the West African States. These however, threatened cordial inter-state relationship among the member States. Hence, this informed the need for the formation of ECOWAS so as to forge closer ties among the countries. As the world gradually reduces into a “global village” due to the various scientific and technological developments, smaller economic blocs in form of small countries are becoming more and more inefficient in relation to resource control. There is the need therefore for the smaller nations to form alliances in order to build economic strength.
Also, small economic blocs in some regions are not in a formidable position to compete internationally with larger nation states. Thus, it presents a formidable challenge to create a regional organization such as the ECOWAS.
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AN APPRAISAL OF THE ROLE OF ECOWAS COURT OF JUSTICE IN THE PROTECTION OF HUMAN RIGHTS UNDER THE ECOWAS TREATY