African Human Rights Law Journal
versão On-line ISSN 1996-2096
versão impressa ISSN 1609-073X
NWAUCHE, Enyinna S. The ECOWAS Community Court of Justice and the horizontal application of human rights. Afr. hum. rights law j. [online]. 2013, vol.13, n.1, pp.01-25. ISSN 1996-2096.
In three cases, Peter David v Ambassador Ralph Uwechue, The Registered Trustees of the Socio-Economic Rights and Accountability Project (SERAP) v The President of the Federal Republic of Nigeria and Tandja v Djibo and Another, the ECOWAS Community Court of justice (ECCJ) has ruled that only ECOWAS member states and community institutions may be sued before it. This article reviews the conclusions of the ECCJ against the background of its dual mandate as a court of integration and human rights as it pertains to the articulation of community freedoms and human rights, and argues for a more integrated approach in the elaboration of the dual mandate of the ECCJ, which should recognise the horizontal application of human rights in the protection of community freedoms such as the free movement of goods, services, persons and capital.