ECOWAS Court Set to Deliver Judgment in Case Involving Nigeria’s Cross Rivers State & ECOWAS Bank over $ 6 million dollar payment

The ECOWAS Court of Justice has scheduled 2^nd February 2021 to deliver judgment in a case brought by the ECOWAS Bank for Investment and Development (EBID) against the government of Nigeria’s Cross River State over the repayment of a loan for the development of the government’s TINAPA Free Trade Zone and Resort.

In the suit ECW/CCJ/APP/14/19, EBID urged the Court to hold the government of Cross Rivers State liable for failure to adhere to the terms of loan agreement entered by both parties on 20^th May 2005.

EBID claimed that the Respondent secured the loan for the partial financing of the State owned TINAPA Free Trade Zone and Resort but has refused and or neglected to comply with the repayment terms of the agreement.

Relying mainly on Article 9 (6) of the Court’s Supplementary Protocol, Section 10.4 and Article 3 of the loan agreement, the bank is seeking the orders of the Court to declare the agreement as valid, binding and subsisting, and  mandating the government to immediately repay the sum of USD 6, 999,679,  among others.

The matter is before a three-man panel of honourable judges of the Court comprising Justices Edward Amoako Asante (president), Gberi-be Ouattara (vice president) and Januaria Moreira Costa (member of the Court).

The Court will also on 2^nd Feb 2021 begin hearing in a suit filed by a detained Venezuelan, Mr. Alex Nain Saab Moran, challenging his detention by the government of the Republic of Cape Verde while on a refueling stopover in the country.

The detention was at the instance of the government of the United States of America which had requested his extradition.

The Court had on Wednesday, 2nd December, 2020 ordered the Republic of Cape Verde to place the detained Venezuelan under permanent home detention and the supervision of its national judicial authorities which will guarantee him access to better accommodation, access to medical treatment and visits compatible with his personal situation.

Ruling in suit no ECW/CCJ/APP/ 43/20, the Court had also ordered that the Applicant should not be extradited until a decision has been made on the merits of the substantive case before the Court.

However, the panel presided over by Hon. Justice Edward Amoako Asante, dismissed other orders sought by the Applicant and ordered that the parties be notified of the ruling.

A Nigerian lawyer, Femi Falana (SAN) counsel to the Applicant had filed for interim measures to end/prevent the alleged violations of Applicant’s fundamental rights while in detention pending his extradition to the United States (US) at the request of the US government.

The Respondent submitted that the arrest and detention of the Applicant pending his extradition was carried out based on the general principles of international judicial cooperation in criminal matters, in strict compliance with the provisions of Arts. 3 and 4 of Act no. 6/VIII/2011, of 29 Augustand that it is not in violation of Cape Verdean law or any international agreement, treaty or convention to which the country is a party.

The Respondent also averred that the Applicant did not meet the requirements qualifying him as a special envoy with associated/accompanying immunities.

The matter is scheduled for continuation of hearing before Honourable Justices Edward Amoako Asante, Dupe Atoki and Januaria Moreira Costa.

In another case, suit no ECW/CCJ/APP/15/16, a Non-Governmental Organisation (NGO), SERAP urged the Court to hold the government of the Republic of Nigeria liable for the continued nationwide attacks, rape, maiming, killing and destruction of property of Nigerians by security agents.

The organization blamed security agents mainly the military and police as well as herdsmen for the perpetration of these violations, which it  said amounted to the violations of the right of the victims to life, security and dignity of the human person.

SERAP asked the Court to direct the Respondent to provide effective remedy including the payment of 50 million naira as compensation to dependents of each deceased victim. It also urged the Court to order the government to conduct prompt, impartial and transparent investigations with a view to prosecute the perpetrators, and to respect, protect, promote and fulfil its human rights obligations as guaranteed in the various human rights legal instruments to which Nigeria is a signatory. 

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