The ECOWAS Court of Justice will begin the hearing of the suit instituted by two Malian groups on Friday. The suit is challenging the legality of the August 18, 2020 sanction imposed on Mali shortly after the Military coup stagged against the democratic President Ibrahim Boubacar Keita.
The statement by the media unit of the ECOWAS Court added that the suit was, on September 9, 2020, instituted by two groups, against the ECOWAS Commission and Ivory Coast, one of the countries implementing the sanctions via closure of borders against Mali.
The statement added that the plaintiffs, Malian Coalition and the Consumers Association of Mali, both registered in the country, had filed interlocutory applications that would be heart on Friday.
The plaintiffs, in the application, prayed that the court should issue orders suspending the sanctions which were announced by the ECOWAS Commission and for the accelerated hearing of the substantive suit challenging the sanctions.
In the suit marked ECW/CCJ/APP/36/20, the associations claimed that the President of ECOWAS acted in ultra vires imposing the sanctions, saying that the procedure was not in line with the relevant ECOWAS texts under which sanctions should be brought against members of state in case of failure to honor the obligations of the commission, as this is reserved for Heads of State and Government of the Community.
The plaintiffs were being represented by Mr. Modibo Diakite, Mr. Oumar Tounkara, Mr. Abdrahamane Diallo. Mr. Maxime Poma and the law firm of SCP d’Avocats Do-Fini Consult. They claimed that the sanction which were enforced by the neighbors, Ivory Coast and Niger Republic with the closure of their borders, were negatively impacting on the population already “bruised by insecurity, the COVID-19 pandemic as well as poor governance.”
The groups argued that the sanctions constitute not only the violation of the right of the people of Mali to the Freedom of Movement as guaranteed in ECOWAS texts but also against the Universal Declaration of Human Rights, the economic, social, and cultural rights of Malian citizens in the community as well as their right to non-discrimination.
Among the reliefs sought is an order for the payment of compensation for prejudices suffered in the sum of 1,000,000 CFA Francs for each individual, another 10,000,000 CFA francs for each legal person and the payment of the same amount for the violation of human rights.
They also prayed that the court should order Ivory Coast to pay a symbolic 1 CFA to the plaintiffs, for the violation of their human rights through the discriminatory treatment of Malians.
The statement added that The statement added, “A three-member panel of the court comprising Honorable Justices Dupe Atoki (presiding), Keikura Bangura and Januária Tavares Silva Moreira Costa will hear the case.
“The proceeding can be followed via “Zoom” using the ID: 849 4983 1562 with the passcode: 650799 on Friday, September 25, 2020, by 10 am.”
