E 
O f f i c i a l J o u r n a l V o l . 4 1 
o f t h e E c o n o m i c C o m m u n i t y o f 
W e s t A f r i c a n S t a t e s ( E C O W A S ) 
Engl ish Edit ion August 2002 
CONTENTS PAGES 
1. Regulation C/REG. 1/8/02 Transferring the Core Staff 
of the Community Computer Centre to the Executive 
Secretariat. 3 - 4 
2. Regulation C/REG.2/8/02 Authorising the Appointment 
of Permanent Professional staff of the Executive Secretariat 4 - 5 
3. Regulation C/REG.3/8/02 Regularising the Administrative 
Situation of Certain Temporary Staff in General Service and 
Auxiliary Posts 5 - 6 
4. Regulation C/REG.4/8/02 Approving the Rutes of 
Procedure of the Community Court of Justice of the Economic 
Community of West African States. 
The Rules of Procedure of the Community Court of Justice 
of the Economic Community of West African States. 6 - 7 4 
Regulation C/REG.5/8/02 Appointing the Financial controller 
of the Institutions of the community. 7 4 - 7 6 
Regulation C/REG.6/8/02 Relating to the take-of the ECOWAS 
Bank for Investment Development and its Subsidiaries 7 6 - 7 9 
7. Solution C/Res.1/8/02 Relating to the Subscription and 
payment of the capital of the ECOWAS Bank for Investment 79 - 81 
and Development and its Subsidiaries. 
AUGUST 2002 Official Journal of the ECOWAS Volume 41 
CONTENTS PAGES 
Regulation C / R E G . 1 /8/02 Transferring the 
Core Staff of the Community Computer Centre 
to the Executive Secretariat. 3 -4 
Regulation C/REG.2/8/02 Authorising the 
Appointment of Permanent Professional 
Regulation C/REG.3/8/02 Regularising the 
Administrative Situation of Certain Temporary 
Staff in General Services and Auxiliary Posts 5 - 6 
Regulation C/REG.4/8/02 Approving the 
Rules of Procedure of the Community Court 
of Justice of the Economic Community of West African States. 6 - 7 
The Rules of Procedure of the Court of Justice 
8 
Interpretation {Article 1) 8 - 9 
Title I) Organization of the Court 
Chapter I) Judges 9 - 1 0 
Chapterl l) Presidency and composition of the Court 10 -11 
Chapter III) Registry 11 
Section 1 
The Chief Registrarand the Registrars 11 -13 
Section 2) Other departments 13 
Chapter IV) The working of the Court 13-15 
Chapter V)Languages 15-16 
ChapterVI) Rights and obligations of agents, advisers and lawyers 16-18 
Title II) Procedure 
Chapter I) Written procedure 18-22 
Chapter II) Preparatory inquiries and other preparatory measures 22 
AUGUST 2002 Official Journal of the ECOWAS Volume 41 
Section 1) Measures of inquiry 22 
Section 2) The summoning and examination of witnesses and experts 22 -26 
Section 3) Closure of the preparatory inquiry 26 
Section 4) Preparatory measures 26 
Chapter III) Oral procedure • 26-27 
Chapter IV) Expedited procedures 27 - 28 
Chapter V) Judgments 29 - 30 
Chapter VI) Costs 30-32 
Chapter VII) Discontinuance 32 
Chapter VHI) Service 32-33 
Chapter IX) Time-limits 33 - 34 
ChapterX) Stay of proceedings 34 - 35 
Title Hi) Special forms of procedure 
Chapter I) Suspension of operation or enforcement and other interim 
Measures 35-36 
Chapter II) Preliminary procedure 36 - 37 
Chapter III) Intervention 37-39 
Chapter IV) Judgments by default and applications to setthem aside 39 - 40 
ChapterV) Exceptional review procedures 40 
Section 1) Third-party proceedings 40 
Section 2) Revision 40 
ChapterVI) Interpretation of Judgments 41 -42 
Chapter VII) Opinions 42-43 
Title IV Miscellaneous provisions 43 
2 
AUGUST 2002 Official Journal of the ECOWAS Volume 41 
Sixth Extraordinary Sess ion of 
the Counc i l of Ministers 
Abuja, 27 28 Augus t 2002 
R e g u l a t i o n C / R E G . 1 / 8 / 0 2 
Transferring the Core Staff of the 
Community Computer Centre to 
the Executive Secretariat. 
The Council of Ministers, 
MINDFUL of Article 10,11 and 12 of 
the Treaty establishing the Council of 
Ministers and defining its composition 
and functions; 
MINDFUL of Decision C/DEC.2/6/83 
e s t a b l i s h i n g t h e E C O W A S 
Community Computer Centre; 
CONSIDERING the great need for 
the E x e c u t i v e S e c r e t a r i a t to 
computerize its services; 
AWARE of the important role being 
played by the Community Computer 
Centre and its ability to provide 
solutions to problems relating to the 
computerization of the Executive 
Secretariat; 
CONVINCED that the presence in 
Abuja of the core staff of the 
Community Computer Centre will 
greatly contribute to resolve the 
problems the Executive Secretariat is 
f a c i n g w i t h r e g a r d to t he 
computerization of its services; 
ON THE RECOMMENDATION of 
the fifth meeting of the Ministerial Ad 
Hoc Committee on the restructuring 
of the Executive Secretariat held in 
Abuja on 1 and 2 August 2002; 
E N A C T S 
Art ic le 1 
1. The core staff of the Community 
Computer Centre, Lome are 
hereby transferred to the 
Executive Secretariat in Abuja 
2. The Executive Secretariat shall 
inform the Chairman of the 
Council of Ministers of any 
problems he may encounter in 
the implementation of this 
regulation. 
Art ic le 2 
The Executive Secretariat shall 
include the' cost of the transfer 
referred to in Article 1 of this 
Regulation in its 2003 budget which it 
shall submit to the Administration and 
F i n a n c e C o m m i s s i o n f o r 
consideration, with'a view to making 
app rop r i a te r e c o m m e n d a t i o n s 
thereon to the forty-ninth session of 
the Council of Ministers. 
Art ic le 3 
The staff of the Training Division shall 
remain in Lome. 
' Art ic le 4 
This Regulation shall be published in 
the Official Journal of the Community 
3 
AUGUST 2002 Official Journal of the ECOWA5 Volume 41 
by the Executive Secretariat within 
(30) days of its signature by the 
Chairman of the Council of Ministers. 
It shall also be published in the Official 
Gazette of Member States within the 
same time frame. 
DONE AT ABUJA THIS 2 8 t h DAY OF 
AUGUST 2002 
Chief (Dr) Bimbola Ogunkelu 
Chairman 
For Council 
Sixth Extraordinary Sess ion of 
the Counci l of Ministers 
Abuja, 27-28 August 2002 
Regulation C/REG.2/8/02 
Authorising the Appointment 
of Permanent Professional staff of 
The Executive Secretariat 
The Council of Ministers, 
Mindful of articles 10,11 and 12 of the 
Treaty establishing the Council of 
Ministers 
and defining its composition and 
functions; 
M i n d f u l o f R e g u l a t i o n 
C/REG.9/12 /99 approving the 
restructuring of the Execu t i ve 
Secretariat; 
M i n d f u l o f R e g u l a t i o n 
C/REG.20/12/99 abolishing quota 
posts within E C O W A S institutions; 
Mindful of Regulation C/REG.1/4/02 
on the strengthening of the internal 
o rgan izat ion of the Execu t i ve 
Secretariat; 
Cons ider ing that several of the posts 
declared vacant at the Executive 
Secretariat for various reasons have 
not been filled to date; 
Consider ing the need to effect the 
restructur ing of the Execu t i ve 
Secretariat and thereby upgrade its 
organizational structure; 
Consc ious of the fact that the 
challenges of globalization and the 
new responsibilities assigned to the 
Executive Secretariat in its capacity 
as coordinating and monitoring organ 
for the New Partnership for Africa's 
D e v e l o p m e n t ( N E P A D ) h a v e 
considerably increased its workload; 
Desirous of endowing the Executive 
Secretariat with the requisite means 
for the fulfillment of its mission and the 
enhancement of its performance, and 
therefore providing it with a sufficient 
number of qualified and competent 
staff forthis purpose; 
On the recommendation of the fifth 
meeting of the ad hoc ministerial 
meeting on the restructuring of the 
4 
AUGUST 2002 Official Journal of the ECOWAS Volume 41 
Executive Secretariat held in Abuja 
on 1 and 2 August 2002: 
E N A C T S 
Article 1 
1. The Executive Secretariat is 
hereby a u t h o r i z e d to recru i t 
thir ty s i x p e r m a n e n t s e n i o r 
officials to fill the vacant posts 
d e s i g n a t e d i n t h e 1 9 9 9 
organogramme, and to deploy 
these staff as indicated in the 
table attached to this Regulation. 
Article 2 
The Executive Secretariat shall make 
provision in its draft budget for the 
year 2003, for funds to meet the 
f inancial obl igat ions arising in" 
connection vlth the recruitment of 
forty nine f49> new professional staff. 
Art ic le 4 
This Regulation shall be published in 
the Official Journal of the Community 
by the Executive Secretariat within 
thirty (30) days of the signature by the 
Chairman of Council, it shall also be 
published within the same time frame 
in the National Gazette of each 
Member State. 
Done at Abuja, This 28 0 1 day of 
August, 2002 
C h i e ^ ^ 
Chairman 
For Council 
Article 3 
1. When appointing these staff 
members, the Executive Secretary 
shall verify that each candidate 
p o s s e s s e s t h e s t i p u l a t e d 
qualifications, proven skills and 
necessary experience. 
2. The Executive Secretary shall 
also take due account of the need for 
an equitable geographical distribution 
of posts among all the Member 
States, and for a gender sensitive 
approach. 
5 
AUGUST 2002 Official Journal of the ECOWAS Volume 41 
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28 
AUGUST 2002 Official Journal of the ECOWAS Volume 41 
Sixth Extraordinary Session of 
the Council of Ministers 
Abuja, 27-28 August, 2002 
R e g u l a t i o n C / R E G . 3/8/02 
Regularising the Administrative 
Situation of Certain Temporary 
Staff in General Services and 
Auxiliary Posts 
The Council of Ministers, 
MINDFUL of Articles 10,11 and 12 of 
the Treaty establishing the Council of 
Ministers and defining its composition 
and functions; 
MINDFUL of Article 13 of the 
E C O W A S S t a f f R u l e s a n d 
Regulations which stipulates that an 
appointment shall be considered to 
be temporary where the period of 
employment does not exceed 6 
months, which may be renewed three 
(3) t imes , e a c h renewa l not 
exceeding six (6) months; 
NOTING that certain temporary staff 
in General Services and Auxiliary 
posts have been in these posts for 
longer than the regulatory period of 
two years stipulated in the Staff Rules 
and Regulations referred to above; 
AWARE that the services rendered 
by the personnel concerned are 
essential for the smooth running of 
the Executive Secretariat; 
DESIROUS of regularizing the 
administrative situation of the staff 
concerned; 
ON THE RECOMMENDATION of 
the fifth meeting of the Ad Hoc 
Min is ter ia l Commi t tee on the 
restructuring of the Execut ive 
Secretariat held in Abuja on 1 and 2 
August 2002; 
ENACTS 
Article 1 
The Executive Secretariat shall offer 
permanent appointments to the 
temporary staff in General Services 
and Auxiliary posts, who, as the date 
of this Regulation have spent at least 
two years at these posts. 
Article 2 
This Regulation shall be published in 
the Official Journal of the Community 
by the Executive Secretariat within 
thirty (30) days of its signature by the 
Chairman of the Council of Ministers. 
It shall be published in the Official 
Gazette of Member States within the 
same time frame. 
DONE AT A B U J A THIS 2 8 t h DAY OF 
AUGUST 2002 
Chief (Dr) Bimbola Ogunkelu 
Chaiman 
For Council 
'29 
AUGUST 2002 Official Journal of ihe ECOWAS Volume 41 
Sixth Extra-Ordinary Session of 
the Council of Ministers 
Abuja, 27 - 28 August, 2002 
R e g u l a t i o n C / R E G . 4 /8 /0 2 
Approving the Rules of Procedure 
of the Community Court of Justice 
MINDFUL of Articles 10,11 and 12 of 
the Treaty establishing the Council of 
Ministers and defining its composition " 
and functions; 
MINDFUL of Articles 6 and 15 of the 
Treaty establishing the Community 
Court of Justice as an E C O W A S 
institution; 
MINDFUL of Protocol A/P. 1/7/91 
defining the status, compositions, 
powers; procedure and other issues 
concerning the Community Court of 
Justice; 
DESIRING to ensure that the 
Community Court of Justice is 
endowed with Rules of Procedure 
that will enable it to function effectively 
as an international court within the 
West African sub-region 
RECALLING Article 32 of the above-
mentioned Protocol A/P. 1/7/91 which 
provides that the Rules of Procedure 
of the Community Court shall be 
approved by Council. 
Article 2 
This Regulation shall be published by 
the Executive Secretariat in the 
Official Journal of the Community 
within thirty (30) days of its signature 
by the Chairman of the Council of 
Ministers. It shall also be published by 
each Member State in its National 
Gazette within the same time-frame. 
DONE AT ABUJA, THIS 2 8 t h DAY OF 
A U G U S T 2002 
Chief (Dr) Bimbola Ogunkelu 
Chairman 
For Council 
ENACTS 
Article 1 
The attached Rules of Procedure of 
the Community Court of Justice are 
hereby approved. 
30 
AUGUST 2002 Officio) Journal of ihe ECOWAS Volume 41 
The Rules of Procedure of 
the Community Court of 
Justice of the Economic 
Com m u n ity of West Africa n 
States. 
INTERPRETATION 
Article 1 
In these Rules: 
"Treaty" means the Revised Treaty of 
the Economic Community of West 
African States and includes protocol 
and conventions and annexure; 
"Authority" means the Authority of 
Heads of State and Government of 
the Community established by Article 
7(1 )of the Treaty. 
"Chairman of the Authority " means 
the current Chairman of the Authority 
of Heads of State and Government of 
t he C o m m u n i t y , e l e c t e d in 
accordance with the provisions of 
Article 8.2 of the Treaty; 
"Community" means the Economic 
Community of West African States 
referred to under Article 2 of the 
Treaty; 
"Court of Justice" means the Court of 
Justice of the Community established 
under Article 15(1) of the Treaty; 
"Member State or Member States " 
means Member State or Member 
States of the Community; 
"Council " means the Council of 
M i n i s t e r s of the C o m m u n i t y 
established by Article 10(1) of the 
Treaty; 
"Parl iament" means the community 
parliament established under Article 
13(1)oftheTreaty; 
"Executive Secretariat" means the 
Executive Secretariat established 
under Article 17 of the Treaty; 
"Executive Secretary" means the 
E x e c u t i v e S e c r e t a r y of the 
Community appointed under Article 
17.1 of the Treaty; 
"Protocol" means the Protocol 
relating to the Court of Justice of the 
Community; 
"Court" means the Community Court 
of Justice (C.C.J) established by 
Article 15(1) of the Treaty; 
"President" means the President of 
the Court elected by the members of 
the Court in accordance with Article 
3(2) of the Protocol 
31 
AUGUST 2002 Official Journal of the ECOWAS Volume 41 
"Vice President" means a member of 
the Court elected as such by the 
members of the Court in accordance 
with Article 3(2) of the Protocol 
"Member of the Court" or "Members of 
the Court" means a person or persons 
appointed as Judge or Judges in 
accordance with the provisions of 
Article 3(2) of the Protocol; 
"Judge" or "Judges" or "Justice" 
means Members of the Community 
Court of Justice; 
Judge Rapporteur means a Judge 
nominated by the President to 
summarize or give a report on a case 
or issue. 
"Staff Regulations" means E C O W A S 
Staff Regulations 
TITLEI 
ORGANISATION OF THE COURT 
Chapter I 
J U D G E S 
Article 2 
The term of office of a Judge shall 
begin on the date laid down in his 
instrument of appointment. In the 
absence of any provisions regarding 
the date, the term shall begin on the 
date of the instrument. 
Article 3 
1. Before taking up his duties, a 
Judge shall before assuming 
his appointment take the 
fol lowing oath before the 
Chairman of the Authority: 
"I.. Solemnly swear (declare) 
that I will perform my duties and 
exercise my powers as member 
of the C o u r t hono rab l y , 
fa i thful ly, impar t ia l ly and 
conscientiously" 
2. Immediately after taking the 
oath, a Judge shall sign the 
declaration. 
Article 4 
1. When the Court is called upon 
to decide whether a member no 
longer fulfils the requisite 
conditions or no longer meets 
the obligations arising from his 
office, the President shall invite 
the Judge in the presence of the 
o t h e r j u d g e s to m a k e 
representations to the Court, in 
closed session and in the 
absence of the Chief Registrar. 
Article 4.7 of the Protocol shall 
apply. 
32 
AUGUST 2002 Official Journal of the ECOWAS Volume 41 
2. Where it involves the President, 
the V i ce P res i den t sha l l 
preside. 
[Article 5 
j u d g e s shal l rank equa l l y in 
p recedence /accord ing to their 
seniority in the Court. Where there is 
equal seniority in office, precedence 
shall be determined by age. Retiring 
Judges who are reappointed shall 
retain their former precedence. 
Chapter II 
PRESIDENCY AND COMPOSITION 
OF THE COURT 
Article 6 
1. The Members of the Court shall 
be appointed by the Authority 
and selected from the list of 
persons nominated by Member 
States; no Member State shall 
nominate more than two 
persons. The President and 
the Vice President of the Court 
shall take precedence before all 
other Members. 
2. If the office of the President of 
the Court falls vacant before the 
normal date of expiry thereof, 
the Court shal l elect by 
consensus a successor for the 
remainder of the term. 
3. Failure to reach a consensus 
the election shall be by secret 
ballot. If a Judge obtains an 
absolute majority he shall be 
elected. If no Judge obtains an 
absolute majority, a second 
ballot shall be held and the 
Judge obtaining the most votes 
shall be elected. Where two or 
more Judges obtain an equal 
number of votes, the oldest 
serving Judge shall be deemed 
elected. 
Article 7 
The President is responsible for the 
administration of the Court; and he 
p r e s i d e s at h e a r i n g s a n d 
deliberations. 
Article 8 
1. When the Presi Jent of the Court 
is absent or prevented from 
attending or when the office ol 
the President is vacant, the 
functions of the President shall 
be exercised by the Vice 
President according to the 
order of precedence laid down 
in Article 5 of these Rules. 
2. If the President and Vice 
President are prevented from 
attending or their posts are 
vacant at the same time, the 
functions of the President and 
33 
AUGUST 2002 Official Journal of the ECOWAS Volume 41 
V i c e P r e s i d e n t sha l l be 
exercised by one of the other 
Judges according to the order 
of precedence laid down in 
Article 5 of these Rules. 
Chapter III 
REGISTRY 
Section 1: The Chief Registrar and 
the Registrars 
Article 9 
1. The Court shall appoint the 
Chief Registrar. Two weeks 
before the date fixed for making 
the appointment, the President 
shall inform the Members of the 
Court of the applications which 
have been made for the post. 
2. A n a p p l i c a t i o n s h a l l be 
accompanied by full details of 
the candidate's age, 
Nationality, university degrees, 
knowledge of any languages, 
present and past occupations 
and experience, if any, in 
judicial and international fields. 
3. The Chief Registrar shall be 
appointed for a term of six 
years. He may be reappointed 
forafurtherterm. 
4. The Chief Registrar shall take 
the oath in accordance with 
Article 17(2) of these Rules 
before the President of the 
Court. 
5. The Chief Registrar may be 
deprived of his office only if he 
no longer fulfils the requisite 
conditions or no longer meets 
the obligations arising from his 
office; the Court shall take its 
dec i s ion after g iv ing the 
Registrar an opportunity to 
make representations. 
6. If the office of Chief Registrar 
falls vacant before the normal 
date of expiry of the term 
thereof, the Court shall appoint 
a new Chief Registrar for a term 
of six years. 
Article 10 
The Court may, fol lowing the 
procedure laid down in respect of the 
Chief Registrar, appoint one or more 
Regist rars to assist the Chief 
Registrar and to take his place in so 
far as the Instructions to the Chief 
Registrar referred to in Article 14 of 
these Rules allow. 
Article 11 
Where the Chief Registrar and the 
Registrars are absent or prevented 
from attending or their posts are 
vacant, the President shall designate 
34 
AUGUST 2002 Official Journal of Ihe ECOWAS Volume 41 
an official or other servant to carry out 
temporarily the duties of the Chief 
Registrar and Registrars. 
Article 12 
The Court acting on a proposal from 
the President shall adopt instructions 
to the Chief Registrar. 
Article 13 
1. There shall be kept in the 
Registry, under the control of 
the Chief Registrar, a register 
initialed by the President, in 
wh i ch al l p l e a d i n g s and 
supporting documents shall be 
entered in the order in which 
they are lodged. 
2. When a document has been 
registered, the Chief Registrar 
shall make a note to that effect 
on the original and, if a party so 
r e q u e s t s , on a n y c o p y 
submitted for the purpose. 
3. Entries in the register and the 
notes provided for in the 
preceding paragraph shall be 
authentic. 
4. Rules for keeping the register 
shall be prescribed by the 
Instruct ions to the Ch ie f 
Registrar referred to in Article 
14 of these Rules. 
5. Persons having an interest may 
consult the Chief Registrar at 
the Registry and may obtain 
copies or extracts on payment 
of a charge on a scale fixed by 
the Court on a proposal from the 
Chief Registrar. 
The parties to a case may on 
payment of the appropriate 
charge also obtain copies of 
pleadings and authenticated 
cop ies of judgments and 
orders. 
6. Notice shall be given in the 
Official Journal of the 
Community of the da te 
registration of an application 
initiating proceedings, the 
names and addresses of the 
parties, the subject-matter of 
the proceedings, the form of 
order sought by the applicant 
and a summary of the pleas in 
law and of the main supporting 
arguments. 
Article 14 
1. The Chief Registrar shall be 
responsible, underthe authority 
of the President, for the 
acceptance, transmission and 
custody of documents and for 
effecting service as provided for 
oy these Rules. 
2. The Chief Registrar shall assist 
the Court, the President and the 
35 
AUGUST 2002 Official Journal of ihe ECOWAS Volume 41 
Judges in all their official 
functions. 
Article 15 
The Chief Registrar shall have 
custody of the seals. He shall be 
responsible for the records and be in 
charge of the publications of the 
Court. 
Article 16 
Except as otherwise provided in these 
Rules, the Chief Registrar shall attend 
the sittings of the Court. 
Section 2: Other Departments 
Article 17 
1. The officials and other servants 
of the Court shall be appointed 
in a c c o r d a n c e wi th the 
p r o v i s i o n s of the S ta f f 
Regulations. 
2. Before taking up his duties, an 
official shall take the following 
oath before the Court: 
"I swear (declare) that I will 
perform loyally, discreetly and 
conscient ious ly the duties 
assigned to me by the Court of 
Jus t i ce of the E c o n o m i c 
Community of West African 
States" 
Article 18 
The organization of the departments 
of the Court shall be laid down, and 
may be modified, by the Court on a 
proposal from the Chief Registrar. 
Article 19 
The Court shall set up a translating 
service staffed by experts with 
adequate legal training and a 
thorough knowledge of several official 
languages of the Court in accordance 
with Article 87(2) of the Treaty. 
Article 20 
1. The Chief Registrar shall be 
r e s p o n s i b l e , u n d e r the 
Authority of the President, for 
the administration of the Court. 
2. The financial and Accounts 
management of the Court shall 
be c a r r i e d ou t by the 
Management Accountant under 
the Authority of the President. 
36 
AUGUST 2002 Official Journal of the ECOWAS Volume 41 
Chapter IV 
-
THE WORKING OF THE COURT 
Article 21 
1. The dates and times of the 
sessions of the Court shall be 
fixed by the President in 
accordance with Article 27 of 
the Protocol. 
2. The Court may choose to hold 
one or more sessions in a place 
other than that in which the 
Court has its seat in accordance 
with Article 26 (2) of the 
Protocol. 
Article 22 
1. Where, by reason of a Judge 
being absent or prevented from 
attending, there is an even 
number of Judges, the most 
junior Judge within the meaning 
of Article 5 of these Rules shall 
abstain from taking part in the 
deliberations, unless he is the 
Judge Rapporteur. In that case 
the judge immediately senior to 
him shall abstain from taking 
part in the deliberation. 
2. If after the Court has been 
convened it is found that the 
quorum referred to in Article 14 
(2) of the Protocol has not been 
attained, the President shall 
adjourn the sitting until there is a 
quorum. 
3. The sitting of the Court shall 
comprise of an uneven number 
of its members. 
4. The sitting of the Court shall be 
public. The Court may however 
sit in camera at the request of 
one of the parties or for 
reasons, which only the Court 
may determine. 
Article 23 
1. The Court shall deliberate in 
closed session. 
2. Only those Judges who were 
present at the oral proceedings 
s h a l l t a k e par t in the 
deliberations. 
3. Where one of its members who 
was present at the oral 
proceedings is absent, the 
Cour t neve r the less sha l l 
continue its hearing provided 
that its parties to disputes so 
agree in accordance with Article 
27(4) (b)of the Protocol. 
4. Every Judge taking part in the 
deliberations shall state his 
opinion and the reasons for it. 
5. Any Judge may require that any 
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AUGUST 2002 Official Journal of the ECOWAS Volume 41 
questions be formulated in the 
language of his choice and 
communicated in writing to the 
Court before being put to the 
vote. 
6. The conclusions reached by the 
majority of the Judges after final 
discussion shall determine the 
decision of the Court. Votes 
shall be cast in reverse order to 
the order of precedence laid 
down in Article 5 of these Rules. 
7. In case of divergent opinions 
on the subject or on the 
question of interpretation the 
Court shall decide by votes. 
8. Where the deliberations of the 
Court concern questions of its 
own administration, it shall be 
put to vote. The Chief Registrar 
shall be present, unless the 
Court decides to the contrary. 
Article 24 
1. Subject to any special decision 
of the Court, its vacations shall 
be as follows: 
a) from 18 December to 10 
January, 
b) 4 days before Easter to 4 
days after Easter, 
c) From 15 July to 15 
September. 
2. The holidays of the Court shall 
include Sallah holidays, public 
holidays and ECOWAS public 
holiday. 
3. During the vacations, the 
functions of the President shall 
be exercised at the place 
where the Court has its seat by 
the President himself or the 
Vice President or any other 
Judge designated in that 
respect. 
4. Where necessary, the President 
may convene the Judges during 
the vacations. 
5. The Court shall observe the 
official holidays of the place 
where it has its seat. 
6. The Court may, in proper 
circumstances, grant leave of 
absence to any Judge. 
Chapter V 
LANGUAGES 
Article 25 
1. The official languages of the 
Court shall be the languages of 
the Community in accordance 
with Article 87 (2)ofthe Treaty. 
2. The language of a case shall be 
chosen by the applicant, except 
that: 
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AUGUST 2002 Official Journal of ihe ECOWAS Volume 41 
a) . Where the defendant is a 
M e m b e r S t a t e t he 
language of the case shaft 
be the official language of 
that State; 
b) . where that' State has 
more than one official 
language, the applicant 
may choose between 
them. 
him to give his evidence in 
anotherlanguage. 
6. The Court may in conducting 
oral proceedings, use one of the 
languages referred to in 
paragraph 1 of this Article other 
than the language of the case. 
Article 26 
3 The language of the case shall 
in particular be used in the 
written and oral pleadings of the 
parties and in support ing 
documents, and also in the 
minutes and decisions of the 
C o u r t . A n y s u p p o r t i n g 
d o c u m e n t s e x p r e s s e d in 
another language must be 
accompanied by a translation 
into the language of the case. 
4 In the c a s e of l eng thy 
documents, translations may 
be con f i ned to ex t rac ts . 
However, the Court may, of its 
own motion or at the request of 
a party, at any time call for a 
complete orfullertranslation. 
5 Where a witness or expert 
states that he is unable 
adequately to express himself 
in one of the languages referred 
to in paragraph (1) of this 
Article, the Court may authorize 
1. The Chief Registrar shall, at the 
request of any Judge, or of a 
party, arrange for anything said 
or written in the course of the 
proceedings before the Court to 
be t r a n s l a t e d i n to the 
languages in Article 25(1). 
2. Publications of the Court shall 
be issued in the languages 
referred to in Article 25(1) of 
these Rules. 
Article 27 
The texts of documents drawn up in 
the language of the Court or in any 
other language authorized by the 
Court pursuant to Article 25(1) of 
these Rules shall be authentic. 
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AUGUST 2002 Official Journal of the ECOWAS Volume 41 
Chapter VI 
RIGHTS AND OBLIGATIONS OF 
A G E N T S , A D V I S E R S A D 
LAWYERS 
Article 28 
1. Agents, advisers and lawyers 
appearing before the Court or 
before any judicial authority to 
which the Court has addressed 
'letters rogatory, shall enjoy 
immunity in respect of words 
spoken or written by them 
concerning the case or the 
parties. 
2. Agents, advisers and lawyers 
shall enjoy the following further 
privileges and facilities: 
(a) Papers and documents relating 
to the proceedings shall be 
exempt from both search and 
seizure; in the event of a dispute 
the customs officials or police 
may seal those papers and 
documents; they shall then be 
immediately forwarded to the 
Court for inspection in the 
presence of the Chief Registrar 
and of the person concerned; 
(b) Agents, advisers and lawyers 
shall be entitled to travel in the 
c o u r s e of du ty w i thou t 
hindrance. 
(3) The lawyer acting for a party 
must lodge at the Registry a 
certificate that he is authorized 
to practice before a Court of a 
member State or of another 
State, which is a party to the 
Treaty. 
Article 29 
In order to qualify for the 
privi leges, immunities and 
facilities specified in Article 28, 
persons entitled to them should 
furnish proof of their status as 
follows: 
(a) Agents shall produce an official 
document issued by the party 
for whom they act, and shall 
forward without delay a copy 
thereof to the Chief Registrar. 
(b) Advisers and lawyers shall 
produce a certificate signed by 
the Chief Registrar. The validity 
of this certificate shall be limited 
to a specified period, which may 
b e . extended or curtai led 
according to the length of the 
proceedings. 
Article 30 
1. The privileges, immunities and 
facilities specified in Article 28 
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AUGUST 2002 Official Journal of the ECOWAS Volume 41 
of these Rules are granted 
exclusively in the interests of 
t he p r o p e r c o n d u c t of 
proceedings. 
2. The Court may waive the 
immunity where" it considers 
that the proper conduct of 
p r o c e e d i n g s wil l not be 
hindered thereby. 
Article 31 
1. Any adviser or lawyer whose 
conduct towards the Court or a 
Judge is incompatible with the 
dignity of the Court, orwho uses 
his rights for purposes other 
than those for which they were 
granted, may at any time be 
excluded from the proceedings 
by an order of the Court. The 
person concerned shall be 
given an opportunity to defend 
himself. The order shall have 
immediate effect. 
2. Where an adviser or lawyer is 
excluded from the proceedings, 
the proceed ings shal l be 
suspended for a period fixed by 
the President in order to allow 
the party concerned to appoint 
another adviser or lawyer. 
3. Decisions taken under this 
Article may be rescinded. 
TITLE 11 
PROCEDURE 
Chapter 1 
WRITTEN PROCEDURE 
Article 32 
1. The original of every pleading 
must be signed by the party's 
agent or lawyer. 
The original, accompanied by 
all annexes referred to therein, 
shall be lodged together with 
five copies for the Court and a 
copy for every other party to the 
proceedings. The party lodging 
them in accordance with Article 
11 of the Protocol shall certify 
copies. 
2. Institutions shall in addition 
produce, within time limits laid 
down by the Court, translations 
of all pleadings into the other 
languages provided for by 
Article 25(1) of these Rules. 
3. All pleadings shall bear a date. 
In the reckoning of time limits for 
taking steps in procoedings, 
only the date of lodgment at the 
Registry shall be taken into 
account. 
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AUGUST 2002 Official Journal of the ECOWAS Volume 41 
4. To every pleading there shall be 
annexed a file containing the 
documents relied on in support 
of it, together with a schedule 
listing them. 
5. Where in view of the length of a 
document only extracts from it 
are annexed to the pleading, 
the whole document or a full 
copy of it shall be 
lodged at the Registry. 
6. Without pre jud ice to the 
provisions of paragraphs 1 to 5, 
the date on which a copy of the 
signed original of a pleading, 
including the schedule of 
documents referred to in 
paragraph 4, is received at the 
Registry by telefax or other 
t e c h n i c a l m e a n s o f 
communication available to the 
Court shall be deemed to be the 
date of lodgment for the 
purposes of compliance with 
the time-limits for taking steps in 
proceedings, provided that the 
signed original of the pleading, 
accompanied by the annexes 
and copies referred to in the 
s e c o n d s u b p a r a g r a p h of 
paragraph 1 above, is lodged at 
the Registry no later than ten 
days thereafter. 
Article 33 
1. An application of the kind 
referred to in Article 11 of the 
Protocol shall state: 
(a) the name and address of the 
applicant; 
(b) the designation of the party 
against whom the application is 
made; 
(c) the subject-matter of the 
proceedings and a summary of 
the pleas in law on which the 
application is based; 
(d) the form of order sought by the 
applicant; 
(e) where appropriate, the nature 
of any evidence offered in 
support. 
2. For the pu rpose of the 
proceedings, the application 
shall state an address for 
service in the place where the 
Court has its seat and the name 
of the person who is authorized 
and has expressed willingness 
to accept service. 
3. In addition to, or instead of, 
specifying an address for 
service as referred to in the first 
subparagraph; the application 
may state that the lawyer or 
agent agrees that service is to 
be effected on him by telefax or 
other technical means of 
communication. 
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AUGUST 2002 Official Journal of the ECOWAS Volume 41 
4. If the application does not 
comply with the requirements 
referred to ' in the first and 
second subparagraphs, all 
service on the party concerned 
for the p u r p o s e of the 
proceedings shall be effected, 
for so long as the defect has not 
been cured, by registered letter 
addressed to the agent or 
lawyer of that party. By way of 
derogation from Article 77(1), 
service shall then be deemed to 
be duly effected by the lodging 
of the registered letter at the 
post office of the place where 
the Court has its seat. 
5. The app l i ca t ion sha l l be 
a c c o m p a n i e d , w h e r e 
appropriate, by the documents 
Specified in the first paragraph 
of Article 15 of the protocol. 
6. If the application does not 
comply with the requirements 
set out in paragraphs 1 to 4 of 
this Article, the Chief Registrar 
shall prescribe a period not 
more than thirty days within 
which the applicant is to comply 
with them whether by putting 
the application itself in order or 
by producing any of the above-
mentioned documents. If the 
appl icant fails to put the 
application in order or to 
p r o d u c e t h e r e q u i r e d 
documents within the time 
prescribed, the Court shall, 
after hear ing the Judge 
Rapporteur, decide whether the 
non-compliance with these 
c o n d i t i o n s r e n d e r s the 
a p p l i c a t i o n f o r m a l l y 
inadmissible. 
Article 34 
The application shall be served 
on the defendant. In a case 
where Article 33 (6) applies, 
service shall be effected as 
soon as the application has 
been put in order. 
Article 35 
1. Within one month after service 
on him of the application, the 
de fendan t sha l l lodge a 
defense, stating: 
(a) The name and address of the 
defendant; 
(b) The arguments of fact and law 
relied on; 
(c) the form of order sought by the 
defendant; 
(d) the nature of any evidence 
offered by him. 
The provisions of Article 32 
(2)(6) of these Rules shall apply to the 
defense. 
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AUGUST 2002 Official Journal of the ECOWAS Volume 41 
2. The time limit laid down in 
paragraph 1 of this Article may 
be extended by the President 
on a reasoned application by 
the defendant. 
Article 36 
1. The application initiating the 
proceedings and the defense 
may be supplemented by a 
reply to be filed within one 
month from the date of receipt 
of the defence and by a 
rejoinder by the defendant 
within one month from the date 
of the receipt of the reply by the 
applicant. 
2. The time limits laid down in 
paragraph 1 of this Article may 
be extended by the President 
Article 37 
1. In reply or rejoinder a party may 
offer further evidence. The 
party must, however, give 
reasons for the delay in offering 
it. 
2. No new plea in law may be 
introduced in the course of 
proceedings unless it is based 
on matters of law or of fact 
which come to light in the 
course of the procedure. 
3. If in the course of the procedure 
one of the parties puts forward a 
new plea in law which is so 
based, the President may, even 
after the expiry of the normal 
procedural time-limits, acting 
on a report of the Judge -
Rappoteur and after hearing the 
parties, allow the other party 
time to answer on that plea. 
4. T h e d e c i s i o n o n t h e 
admissibility of the plea shall be 
reserved for the final judgment. 
Article 38 
1. The Court may, at any time, 
after hearing the parties, order 
that two or more cases 
concerning the same subject 
matter shall, on account of the 
connection between them, be 
joined for the purposes of the 
written or oral procedure or of 
the final judgment. 
2. The cases may subsequently 
be disjoined. 
Article 39 
1. The President shall fix a date on 
which the Judge Rappoteur is to 
present his preliminary report to 
the Court, either 
(a) After the rejoinder has been 
lodged, or 
(b) Where no reply or no rejoinder 
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AUGUST 2002 Official Journal of the ECOWAS Volume 41 
has been lodged within the time 
limit fixed in accordance with 
Article 36(1) of these rules, or 
(c) Where the party concerned ha:; 
waived his right to lodge a reply 
or rejoinder, or 
(d) Where the expedited procedure 
referred to in Article 59 is to be 
applied, when the President 
fixes a date for the hearing. 
2. The preliminary report shall 
contain recommendations as to 
whethera preparatory inquiry or 
any other preparatory step 
should be undertaken It shall 
also contain a relief, if any, as to 
the possible omission of the oral 
part of the procedure as 
provided for in Article 53. of 
these rules. 
3. The Court shall decide, what 
act ion to take upon the 
recommendations of the Judge 
Rappoteur. 
Article 40 
1. Without prejudice to any special 
provisions laid down in these 
Rules, the procedure before the 
Court shall also include an oral 
part. However , after the 
pleadings referred to in Articles 
32 - 39 as the case may be, 
have been lodged, the Court, 
acting on the application of a 
party setting out the reasons for 
which he wishes to be heard, 
may decide otherwise. 
2. The appl icat ion shal l be 
submitted within a period of one 
month from notification to the 
party of the close of the written 
procedure. The President may 
extend that period. 
Chapter II 
PREPARATORY INQUIRIES AND 
OTHER PREPARATORY 
MEASURES 
Section 1: Measures of inquiry 
Article 41 
1. The Court shall decide the 
measures of inquiry that it 
considers appropriate. Before 
the Court decides on the 
measures of inquiry the parties 
shall be heard. 
The decision of the Court shall 
be notified to the parties. 
2. Without prejudice to Article 16 
of the protocol the following 
measures of inquiry may be 
adopted: 
(a) The personal appearance of 
the parties; 
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AUGUST 2002 Official Journal of the ECOWAS Volume 41 
(b) A request for information and 
production of documents; 
(c) Oral testimony; 
(d) The commiss ioning of an 
expert's report; 
(e) An inspection of the place or 
thing in question. 
3. The measures of inquiry that 
the Court has ordered shall be 
conduc ted by the Judge 
Rapporteur. The Court and 
parties shall take part in the 
measures of inquiry. 
4. Evidence may be submitted in 
rebuttal and previous evidence 
may be amplified. 
Article 42 
The parties shall be entitled to 
attend the measures of inquiry. 
Section 2: The summoning and 
examination of witnesses and 
experts 
Article 43 
1. The Court may, either of its own 
motion or on application by a 
party, order that witnesses 
prove certain facts. The order of 
the Court shall set out the facts 
to be established. 
2. The Court may summon a 
witness of its own motion or on 
application by a party to attend. 
3. An application by a party for the 
examination of a witness shall 
state precisely about what facts 
and for what reasons the 
witness should be examined. 
4. T h e w i t n e s s s h a l l be 
summoned by an order of the 
Court containing the following 
information: 
(a) The surname, forenames, 
description and address of the 
witness; 
b) An indication of the facts about 
which the witness is to be 
examined; 
(c) Where appropriate, particulars 
of the arrangements made by 
the Court for reimbursement of 
expenses incurred by the 
witness, and of the penalties, 
which may be imposed on 
defaulting witnesses. 
5. The order shall be served on the 
parties and the witnesses. 
6. The Court may make the 
summoning of a witness for 
whose examination a party has 
applied conditional upon the 
deposit with the Registry of the 
Court of a sum sufficient to 
cover the taxed costs thereof; 
the Court shall fix the amount of 
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AUGUST 2002 Official Journal of the ECOWAS Volume & 
the payment. The Registry shall 
advance the funds necessary in 
c o n n e c t i o n w i t h t h e 
examination of any witness 
summoned by the Court of its 
own motion. 
After the identity of the witness 
has been establ ished, the 
President shall inform him that 
he will be required to vouch the 
truth of his evidence in the 
manner laid down in these 
Rules. 
The witness shall give his 
evidence to the Court, the 
parties having been given 
notice to attend. After the 
witness has given his main 
evidence the President may, at 
the request of a party or of his 
own motion, put questions to 
him. 
The other Judges may do 
likewise. Subject to the control 
of t h e P r e s i d e n t , t h e 
representatives of the parties 
may put questions to witnesses. 
Before giving his evidence, the 
witness shall take the following 
oath:"l swear or declare that I 
will speak the truth, the whole 
truth and nothing but the truth." 
The Chief Registrar shall draw 
up minutes in which the 
evidence of each witness is 
reproduced. 
12. The minutes shall be signed by 
the President and by the Chief 
Registrar. Before the minutes 
are thus signed, witnesses 
must be given an opportunity to 
check the content of the 
minutes and to sign them. 
The minutes shall constitute 
an official record of the Court. 
Proceedings may be recorded 
by any modern technological 
means. 
Article 44 
1. Witnesses who have been duly 
summoned shall obey the 
summons and attend for 
examination. 
2. If a witness who has been duly 
summoned fails to appear 
before the Court, the Court may 
impose upon him a pecuniary 
penalty not exceeding UA 1 
0001 and may order that a 
further summons be served on 
the witness at his own expense. 
3. The same penalty may be 
imposed upon a witness who, 
without good reason, refuses to 
give evidence or to take the 
oath or where appropriate to 
make a solemn affirmation 
equivalent thereto. 
4. If the witness proffers a valid 
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AUGUST 2002 Official Journal of the ECOWAS Volume 41 
the payment. The Registry shall 
advance the funds necessary in 
c o n n e c t i o n w i t h ' t h e 
examination of any witness . 
summoned by the Court of its 
own motion. 
After the identity of the witness 
has been establ ished, the 
President shall inform him that 
he will be required to vouch the 
truth of his evidence in the 
manner laid down in these 
Rules. 
The witness shall give his 
evidence to the Court, the 
parties having been given 
notice to attend. After the 
witness has given his main 
evidence the President may, at 
the request of a party or of his 
own motion, put questions to 
him. 
The other Judges may do 
likewise. Subject to the control 
o f t h e P r e s i d e n t , t h e 
representatives of the parties ' 
may put questions to witnesses. 
0. Before giving his evidence, the 
witness shall take the following 
oath:"l swear or declare that I 
will speak the truth, the whole 
truth and nothing butthetruth." 
1. The Chief Registrar shall draw 
up minutes in which the 
evidence of each witness is 
reproduced. 
12. The minutes shall be signed by 
the President and by the Chief 
Registrar. Before the minutes 
are thus signed, witnesses 
must be given an opportunity to 
check the content of the 
minutes and to sign them. 
The minutes shall constitute 
an official record of the Court. 
Proceedings may be recorded 
by any modern technological 
means. 
Article 44 
1. Witnesses who have been duly 
summoned shall obey the 
summons and attend for 
examination. 
2. If a witness who has been duly 
summoned fails to appear 
before the Court, the Court may 
impose upon him a pecuniary 
penalty not exceeding UA 1 
0001 and may order that a 
further summons be served on 
the witness at his own expense. 
3. The same penalty may be 
imposed upon a witness who, 
without good reason, refuses to 
give evidence or to take the 
oath or where appropriate to 
make a solemn affirmation 
equivalent thereto. 
4. If the witness proffers a valid 
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AUGUST 2002 Official Journal of the ECOWAS Volume 41 
excuse to the Court, the 
pecuniary penalty imposed on 
him may be cancelled. The 
pecuniary penalty imposed may 
be reduced at the request of the 
witness where he establishes 
that it is disproportionate to his 
income. 
Article 45 
1. The Court may order that an 
expert's report be obtained. The 
order appointing the expert 
shall define his task and set a 
time limit within which he is to 
make his report. 
2. The expert shall receive a copy 
of the order, together with all the 
documents 
necessary for carrying out his 
task. He shall be under the 
supervision of the Judge -
Rappoteur, who may be present 
during his investigation and 
who shall be kept informed of 
his progress in carrying out his 
task. 
3. The Court may request the 
parties or one of them to lodge 
security for the costs of the 
expert's report. 
4. At the request of the expert, the 
C o u r t m a y o r d e r t h e 
examination of witnesses. 
Their examination shall be 
carried out in accordance with 
Article 43 of these Rules. 
5. The expert may give his opinion 
only on points, which have been 
expressly referred to him. 
6. After the expert has made his 
report, the Court may order that 
he be examined, the parties 
having been given notice to 
attend. 
7. Subject to the control of the 
President, questions may be 
put to the expert by the 
representatives of the parties. 
8. Before carrying out his task, the 
expert shall take the following 
oath in written form or before 
the Court: 
"I swear or declare that I shall 
conscientiously and impartially 
carry out my task". 
Article 46 
1. If one of the parties objects to a 
witness or to an expert on the 
ground that he is not a 
competent or proper person to 
act as witness or expert or for 
any other reason, or if a witness 
or expert refuses to give 
evidence or, to take the oath or 
to make a solemn affirmation 
equivalent thereto, the matter 
shall be resolved by the Court. 
2. An objection to a witness or to 
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AUGUST 2002 Official Journal of the ECOWAS Volume 41 
an expert shall be raised within 
two weeks after service of the 
order summoning the witness 
or appointing the expert; the 
statement of objection must set 
out the grounds of objection and 
indicate the nature of any 
evidence offered. 
Article 47 
W i t n e s s e s a n d E x p e r t s 
summoned by the Court shall 
be entitled to reimbursement of 
their travel and subsistence 
expenses. The Registry of the 
Court may make a payment to 
them towards these expenses 
in advance. 
Article 48 
The Court may, on application 
by a party or of its own motion, 
issue letters rogatory for the 
examination of witnesses or 
experts. 
Article 49 
1, The Chief Registrar shall draw 
up minutes of every hearing. 
The minutes shall be signed by 
the President and by the Chief 
Registrar and shall constitute 
an official record. 
2. The parties may inspect the 
minutes and any expert's report 
at the Registry and obtain 
copies at their own expense. 
S e c t i o n 3 C l o s u r e of the 
preparatory inquiry 
Article 50 
1. Unless the Court prescribes a 
period within which the parties 
may lodge written observations, 
the President shall fix the date 
for the opening of the oral 
procedure after the preparatory 
inquiry has been completed. 
2. Where a period had been 
prescribed for the lodging of 
written obse rva t i ons , the 
President shall fix the date for 
the open ing of the oral 
procedure after that period has 
expired. 
Section 4: Preparatory Measures 
Article 51 
The Court may request the parties to 
submit within a specified period all 
such information relating to the facts, 
and all such documents orother 
Particulars, as they may consider 
relevant. The information and/or 
documen ts prov ided sha l l be 
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AUGUST 2002 Official Journal of the ECOWAS Volume 41 
communicated to the other parties. 
CHAPTER III 
ORALPROCEDURE 
Article 52 
1. Subject to the priority of 
decisions provided for in these 
Rules, the Court shall deal with 
the cases before it in the order 
in which the preparatory 
inquiries in them have been 
c o m p l e t e d . W h e r e t he 
preparatory inquiries in several 
c a s e s a r e c o m p l e t e d 
simultaneously, the order in 
which they are to be dealt with 
shall be determined by the 
dates of entry in the register of 
the applications initiating them 
respectively. 
2. The President may in special 
circumstances order that a case 
be given priority over others. 
The President may in special 
circumstances, after hearing 
the parties, either on his own 
initiative or at the request of one 
of the parties, defer a case to be 
dealt with at a later date. On a 
joint application by the parties 
the President may order that a 
case be deferred. 
Article 53 
1. The proceedings shall be 
opened and directed by the 
P r e s i d e n t , who sha l l be 
responsible for the proper 
conduct of the hearing. 
2. The oral proceedings in cases 
heard in camera shall not be 
published. 
Article 54 
1. The President may in the 
course of the hearing put 
ques t ions to the agents , 
advisers or lawyers of the 
parties. 
2. The other Judges may do 
likewise. 
Article 55 
A party may address the Court only 
through his agent, adviser or lawyer. 
Article 56 
After the conclusion by the parties, 
the President shall declare the oral 
procedure closed. 
Article 57 
1. The Court may at any time, in 
accordance with these rules, 
after hearing the parties, order 
any measure of inquiry to be 
taken or that a previous inquiry 
be repeated orexpanded. 
2. The Court may direct the Judge 
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AUGUST 2002 Official Journal of the ECOWAS Volume 41 
- Rappoteur to carry out the 
measures so ordered. 
Article 58 
The Court may order the reopening of 
the oral procedure. 
Chapter tV 
EXPEDITED PROCEDURES 
Article 59 
1. On application by the applicant 
or the defendant, the President 
may exceptionally decide, on 
the basis of the facts before him 
and after hearing the other 
party, that a case is to be 
determined pursuant to an 
e x p e d i t e d p r o c e d u r e 
derogating from the provisions 
of these Rules, where the 
particular urgency of the case 
requires the Court shall give its 
ruling with the minimum of 
delay. 
2. An application for a case to be 
decided under an expedited 
procedure shall be made by a 
separate document lodged at 
t he s a m e t ime a s t he 
a p p l i c a t i o n in i t ia t ing the 
proceedings or the defense, as 
the case may be. 
3. Underthe expedited procedure, 
the originating application and 
t h e d e f e n s e m a y b e 
supplemented by a reply and a 
rejoinder only if the President 
considers this to be necessary. 
4. An intervener may lodge a 
statement in intervention only if 
the President considers this to 
be necessary. 
5. Once the defense has been 
lodged or, if the decision to 
adjudicate under an expedited 
procedure is not made until 
after that pleading has been 
lodged, once that decision has 
been taken, the President shall 
fix a date for the hearing, which 
s h a l l be c o m m u n i c a t e d 
forthwith to the parties. 
6. He may postpone the date of 
t he h e a r i n g w h e r e the 
organization of measures of 
inquiry or of other preparatory 
measures so requires. 
7. Without prejudice to rules, the 
parties may supplement their 
arguments and offer further 
evidence in the course of the 
oral procedure. They must, 
however, give reasons for the 
delay in offering such further 
evidence. 
8. The Court shall give its ruling 
after hearing the parties. 
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AUGUST 2002 Official Journal of the ECOWAS Volume 41 
Chapter V 
JUDGMENTS 
Article 60 
The judgment shall contain: 
a. a statement that it is the 
judgment of the Court, 
b. the date of its delivery, 
c. the names of the President and 
of the Judges taking part in it, 
d. the name of the parties, 
e. the name of the Chief Registrar, 
f. the description of the parties, 
g. the names of the agents, 
advisers and lawyers of the 
parties, 
h. a statement of the forms of 
order sought by the parties, 
i. a statement that the parties 
have been heard, 
j . a summary of the facts, 
k. the grounds forthe decision. 
i. the operative part of the 
j u d g m e n t , i n c l u d i n g the 
decision as to costs. 
Article 61 
1. The judgment shall be delivered 
in open court. 
2. The parties shall be given 
notice to attend to hear it. 
3. The original of the judgment, 
signed by the President, and by 
the Judges who took part in the 
deliberations and by the Chief 
Registrar, shall be sealed and 
deposited at the Registry. 
4. The parties shall be served with 
certified copies of the judgment. 
5. The Chief Registrar shall record 
on the original of the judgment 
the date on which it was 
delivered. 
Article 62 
The judgment shall be binding from 
the date of its delivery. 
Article 63 
1. Without prejudice to the 
provisions relating to the 
interpretation of judgments the 
Court may, of its own motion or 
on application by a party made 
within one month after the 
delivery of a judgment, rectify 
clerical mistakes, errors in 
calculation and obvious slips in 
it. 
2. The parties whom the Chief 
Registrar shall duly notify may 
lodge written observations 
within a time prescribed by the 
President. 
3. The original of the rectification 
order shall be annexed to the 
o r i g i n a l of the rec t i f i ed 
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AUGUST 2002 Official Journal of the ECOWAS Volume 41 
judgment. A note of this order 
shall be made in the margin of 
the original of the rectified 
judgment. 
Article 64 
1. Where the Court omits to give a 
decision on a specific head of 
claim or on costs, any party may 
within a month after service of 
the judgment apply to the Court 
to supplement its judgment. 
2. The application shall be served 
on the opposite party who has 
one month within which to lodge 
written observations. The time 
limit laid down in paragraphs 1 
and 2 of this Article may be 
extended by the President on a 
reasoned application by the 
party. 
3. After these observations have 
been lodged, the Court shall 
decide both on the admissibility 
and on the substance of the 
application. 
Article 65 
The Chief Registrar shall arrange for 
the publication of reports of cases 
before the Court. 
Chapter VI 
COSTS 
Article 66 
1. A decision as to costs shall be 
given in the final judgment or in 
the order, which closes the 
proceedings. 
2. The unsuccessful party shall be 
ordered to pay the costs if they 
have been applied for in the 
successful party's pleadings. 
3. Where there are severa l 
unsuccessful parties the Court 
shall decide how the costs are 
to be shared. 
4. Where each party succeeds on 
some and fails on other heads, 
or where the Circumstances are 
exceptional; the Court may 
order that the costs be shared 
or that the parties bear their own 
costs. 
5. The Court may order a party, 
even if successful, to pay costs 
which the Court considers that 
party to have unreasonably or 
v e x a c i o u s l y c a u s e d the 
opposite party to incur. 
6. The Member S ta tes and 
institutions, which intervene in 
the proceedings, shall bear 
their own costs. 
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AUGUST 2002 Official Journal of iho ECOWAS Volume 41 
7. The Court may order an 
intervener other than those 
mentioned in the preceding 
subparagraphs to bear his own 
costs. 
8. A party who discontinues or 
withdraws from proceedings 
shall be ordered to pay the 
costs if they have been applied 
for in the o ther par ty 's 
o b s e r v a t i o n s o n t h e 
discontinuance. 
9. However, upon application by 
the party who discontinues or 
withdraws from proceedings, 
the costs shall be borne by the 
other party if this appears 
justified by the conduct of that 
party. 
10. Where the parties have come to 
an agreement on costs, the 
decision as to costs shall be in 
a c c o r d a n c e w i t h t h a t 
agreement. 
11. If costs are not claimed, the 
parties shall bear their own 
costs. 
12. Where a case does not proceed 
to judgment the costs shall be in 
the discretion of the Court. 
Article 67 
Costs necessarily incurred by a party 
in executing a judgment or order of 
the Court shall be refunded by the 
opposite party on the scale in force in 
the State where the execution takes 
place. 
Article 68 
Proceedings before the Court shall be 
free of charge, except that: 
(a) Where a party has caused the 
Court to incur avoidable costs 
the Court may, after hearing the 
parties, order that party to 
refund them; 
(b) Where copying or translation 
work is carried out at the 
request of a party, the cost shall, 
in so far as the Chief Registrar 
considers it excessive, be paid 
for by that party on the scale of 
charges referred to in Article 
13(5) of these Rules. 
Article 69 
Without prejudice to the preceding 
Art ic le, the fol lowing shal l be 
regarded as recoverable costs: 
(a) Sums payable to witnesses and 
experts under Article 47 of 
these Rules; 
b) Expenses necessarily incurred 
by the parties for the purpose of 
the proceedings, in particular 
the travel and subsistence 
expenses and the remuneration 
of agents, advisers or lawyers. 
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AUGUST 2002 Official Journal of the ECOWAS Volume 41 
Article 70 
1. If there is a dispute concerning 
the costs to be recovered, the 
Court shall, on application by 
the party concerned and after 
hearing the opposite party , 
make an order. 
2. The parties may, for the 
purposes of enforcement, apply 
for an authenticated copy of the 
order. 
Article 71 
1. Sums due from the Registry of 
the Court shall be paid in the 
currency of the country where 
the Court has its seat. 
2. At the request of the person 
entitled to any sum, it shall be 
paid in the currency of the 
country where the expenses to 
be refunded were incurred or 
where the steps in respect of 
which payment is due were 
taken. 
3. Other debtors shal l make 
payment in the currency of their 
country of origin. 
4. Conversions of currency shall 
be made at the official rates of 
exchange ruling on the day of 
payment in the country where 
the Court has its seat. 
Chapter VII 
DISCONTINUANCE 
Article 72 
If, before the Court has given its 
dec is ion, the parties reach a 
settlement of their dispute and 
i n t i m a t e to t he C o u r t the 
abandonment of their claims, the 
President shall order the case to be 
removed from the register and shall 
give a decision as to costs in 
accordance with Article 66(8), having 
regard to any proposals made by the 
parties on the matter. 
Article 73 
If the applicant informs the Court in 
writing that he wishes to discontinue 
the proceedings, the President shall 
order the case to be removed from the 
register and shall give a decision as to 
costs in accordance with Article 66(8) 
of these Rules. 
Chapter VIII 
SERVICE 
Article 74 
1. Where these Rules require that 
a document be served on a 
person, the Chief Registrar 
shall ensure that service is 
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AUGUST 2002 Official Journal of the ECOWAS Volume 41 
effected at that person 's 
address for service either by the 
dispatch of a copy of the 
document by registered post 
w i t h a f o r m f o r 
acknowledgement of receipt or 
by personal delivery of the copy 
against a receipt. 
2. The Chief Registrar shal l 
prepare and certify the copies of 
documents to be served, save 
where the parties themselves 
s u p p l y t h e c o p i e s in 
accordance with Article 32( 1) of 
these Rules. 
3. Where, in accordance with 
Article 33(3), of these Rules the 
addressee has agreed that 
service is to be effected on him 
by telefax or other technical 
means of communication, any 
procedural, document other 
than a judgment or order of the 
Court may be served by the 
transmission of a copy of the 
document by such means. 
4. Where, for technical reasons or 
on account of the nature or 
length of the document, such 
transmission is impossible or 
impracticable, the document 
s h a l l be s e r v e d , if the 
addressee has failed to state an 
address for service, at his 
address in accordance with the 
p rocedu res laid down in 
paragraph 1 of this article. 
5. The addressee shall be so 
advised by telefax or other 
t e c h n i c a l m e a n s o f 
communication. 
6. Service shall then bedeemed to 
have been effected on the 
addressee by registered post 
on the tenth day following the 
lodging of the registered letter 
at the post office of the place 
where the Court has its seat, 
unless it is shown by the 
acknowledgement of receipt 
that the letter was received on a 
different date or the addressee 
informs the Chief Registrar, 
within three weeks of being 
advised by telefax or other 
t e c h n i c a l m e a n s o f 
c o m m u n i c a t i o n , that the 
document to be served has not 
reached him. 
Chapter IX 
TIME-LIMITS 
Artfcfe 75 
1. Any period of time prescribed 
by the Community Treaty or , 
the Court 
or these Rules for the taking of 
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AUGUS 2012 Official Journal of the ECOWAS Volume 41 
any procedural step shall be 
reckoned as follows: 
(a) where a period expressed .in 
days, weeks, months or years is 
to be calculated from the 
moment at which an event 
occurs or an action takes place, 
the day during which that event 
occurs or that action takes 
place shall not be counted as 
falling within the period in 
question; 
(b) a period expressed in weeks, 
months or in years shall end 
with the expiry of whichever day 
in the last week, month or year 
is the same day of the week, or 
falls on the same date, as the 
day during which the event or 
action from which the period is 
to be calculated occurred or 
took place. If, in a period 
expressed in months or in 
years, the day on which it 
should expire does not occur in 
the last month, the period shall 
end with the expiry of the last 
day of that month; 
(c) Where a period is expressed in 
months and days, it shall first be 
reckoned in whole months, then 
in days; 
(d) Periods shall include official 
h o l i d a y s , S u n d a y s a n d 
Saturdays; 
(e) Periods shall not be suspended 
during the judicial vacations. 
2. If the period would otherwise 
end on a Saturday, Sunday or 
an official holiday, it shall be 
extended until the end of the 
first following working day. 
A list of official holidays drawn 
up by the Court shall be 
published in the Official Journal 
of the Community. 
Article 76 
1. Where the period of time 
a l l o w e d f o r i n i t i a t i n g 
proceedings against a measure 
adopted by an institution runs 
from the publication of that 
measure, that period shall be 
calculated, for the purposes of 
Article 75(1 )(a), from the end of 
the 14th day after publication 
thereof in the Official Journal of 
the Community. 
2. The prescribed time limits shall 
be extended on account of 
distance by a single period of 
ten days. 
Article 77 
1. Any t ime-l imit p rescr ibed 
pursuant to these Rules may be 
e x t e n d e d b y w h o e v e r 
prescribed it. 
2. The President may delegate to 
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AUGUST 2002 Official Journal of the E C O W A - •11 
the Vice President power of 
signature for the purpose of 
f ix ing t ime l imits w h i c h , 
pursuant to these Rules, it falls 
to them to prescribe or of 
extending such time-iimits 
ChapterX 
STAY OF PROCEEDINGS 
Article 78 
1. The proceedings may be 
stayed: 
(a) In all cases, by decision of the 
President adopted after hearing 
the parties and, save in the case 
of references for a preliminary 
ruling. 
(b) The proceedings may be 
resumed by order or decision, 
following the same procedure. 
(c) The orders or d e c i s i o n s 
referred to in this paragraph 
shall be served on the parties. 
2. The stay of proceedings shall 
take effect on the date indicated 
in the order or decision of stay 
or, in the absence of such 
indication, on the date of that 
order or decision. 
3. While proceedings are stayed 
time shall cease to run for the 
purposes of prescribed time 
limits forall parties. 
4. Where the order or decision of 
stay does not fix the length of 
stay, it shall end on the date 
indicated in the order or 
decision of resumption or, in the 
absence of such indication, on 
the date of the order or decision 
of resumption. 
5. From the date of resumption 
time shall begin to run afresh for 
the purposes of the time limits. 
TITLEIII 
SPECIAL FORMS OF PROCEDURE 
Chapter 1 
SUSPENSION OF OPERATION OR 
ENFORCEMENT AND OTHER 
INTERIM MEASURES 
Article 79 
1. An application under Article 20 
of the Protocol shall state the 
s u b j e c t - m a t t e r of t h e 
p r o c e e d i n g s , t h e 
circumstances giving rise to 
urgency and the pleas of fact 
and law establishing a prima 
facie case for the interim 
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AUGUST 2002 Official Journal of the ECOWAS Volume 41 
measures applied for. 
2. The application shall be made 
by a separate document and in 
accordance with the provisions 
of Articles 32 and 33 of these 
Rules. 
Article 80 
1. The application shall be served 
on the opposite party, and the 
President shall Prescribe a 
short period within which that 
party may submit written or oral 
observations. 
2. The President may order a 
preparatory inquiry. 
Article 81 
1 . The President shall refer the 
application to the Court within 
48 hours 
2. If the President is absent or 
prevented from attending, 
Article 8 of these Rules shall 
apply. Where the application is 
referred to it, the Court shall 
postpone all other cases, and 
shall give a decision after 
hearing the parties. Article 80 
shall apply. 
Article 82 
1. The decision on the application 
shal l take the form of a 
reasoned order. The order shall 
be served on the parties 
forthwith. 
2. The execution of the order may 
be made conditional on the 
lodging by the Applicant of 
security, of an amount and 
nature to be fixed in the light of 
the circumstances. 
3. Unless the order fixes the date 
on which the interim measure is 
to lapse, the measure shall 
lapse when final judgment is 
delivered. 
4. The order shall have only an 
interim effect, and shall be 
wi thout pre jud ice to the 
decision of the Court on the 
substance of the case. 
Artic!e83 
On application by a party, the order 
may at any time be varied or 
cancelled on account of a change in 
circumstances. 
Article 84 
Rejection of an application for an 
interim measure shall not bar the 
party who made it from making a 
further application on the basis of new 
facts. 
Article 85 
The provisions of this Chapter shall 
apply to applications to suspend the 
execution of a decision of the Court or 
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AUGUST 2002 Official Journal of the ECOWAS Volume 41 
of any measure adopted by another 
institution, submitted pursuant to 
these rules. The order granting the 
a p p l i c a t i o n s h a l l f ix , w h e r e 
appropriate, a date on which the 
interim measure is to lapse. 
Article 86 
1. The President shall give his 
decision in the form of an order. 
Article 82 of these Rules shall 
apply. 
2. If the President is absent or 
prevented from attending, 
Article 8 of these rules shall 
apply. 
Chapter II 
PRELIMINARY PROCEDURE 
Article 87 
1. A party applying to the Court for 
a decision on a preliminary 
objection or other preliminary 
plea not going to the substance 
of the case shall make the 
application by a separate 
document. 
2. The application must state the 
pleas of fact and law relied on 
and the form of order sought by 
the a p p l i c a n t a n d a n y 
supporting documents must be 
annexed to it. 
3. As soon as the application has 
been lodged, the Presidenl 
shall prescribe a period within 
which the opposite party may 
lodge a document containing a 
statement of the form of order 
sought by that party and its 
pleas in law. 
4. Unless the Court decides 
otherwise, the remainder of the 
proceedings shall be oral. 
5. The Court shall, after hearing 
the parties decide on the 
appl icat ion or reserve its 
decision for the final judgment. 
If the Court refuses the 
application or reserves its decision, 
the President shall prescribe new 
time limits for the further steps in the 
proceedings. 
Article 88 
1. Where it is clear that the Court 
has no jurisdiction to take 
cognizance of an action or 
where the action is manifestly 
inadmissible, the Court may, by 
reasoned order, after hearing 
the parties and without taking 
f u r t h e r s t e p s in t h e 
proceedings, give a decision 
2. The Court may at any time of its 
own motion consider whether 
there exists any absolute bar to 
proceeding with a case or 
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AUGUST 2002 Official Journal of (he ECOWAS Volume 41 
declare, after hearing the 
parties, that the action has 
become devoid of purpose and 
that there is no need to 
adjudicate on it; it shall give its 
decision in accordance with 
Article 87(4) and (5) of these 
Rules. 
Chapter III 
INTERVENTION 
Article 89 
1. An application to intervene 
must be made within six weeks 
of the publication of the notice 
referred to in Article 13(6) of 
these Rules. 
The application shall contain: 
(a) the description of the case; 
(b) the description of the parties; 
(c) the name and address of the 
intervener; 
(d) the intervener's address for 
service at the place where the 
Court has its seat; 
(e) the form of order sought, by one 
or more of the parties, in 
support of which the intervener 
is app ly ing for l eave to 
intervene; 
(f) a s t a t e m e n t o f t h e 
circumstances establishing the 
right to intervene, where the 
a p p l i c a t i o n is subm i t t ed 
pursuant to Article 21 of the 
protocol. The intervener shall 
be represented in accordance 
with Article 12 of the protocol. 
Articles 32 and 33 of these rules 
shall apply. 
2. The application shall be served 
on the parties. 
The President shall give the 
parties an opportunity to submit 
t h e i r w r i t t e n o r o r a l 
observations before deciding 
on the application. 
The President shall refer the 
application to the Court. 
3. If the cour t a l l o w s the 
intervention, the intervener 
shall receive a copy of every 
document served on the 
pa r t i es . The cour t may , 
however, on application by one 
of the parties, omit secret or 
confidential documents. 
4. The intervener must accept the 
case as he finds it at the time of 
his intervention. 
5. The President shall prescribe a 
pe r iod wi th in w h i c h the 
intervener may submit a 
statement in intervention. The 
statement in intervention shall 
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AUGUST 2002 Official Journal of the ECOWAS Volume 41 
contain: 
(a) a statement of the form of order 
sought by the intervener in 
support of or opposing, in whole 
or in part, the form of order 
sought by one of trie parties; 
(b) the pleas in law and arguments 
relied on by the intervener; 
(c) Where appropriate, the nature 
of any evidence offered. 
6. A f t e r the s t a t e m e n t in 
intervention has been lodged, 
the President shall , where 
necessary, prescribe a time 
limit within which the parties 
may reply to that statement. 
7. Consideration may be given to 
an application to intervene, 
which is made after the expiry of 
the per iod p resc r ibed in 
paragraph 1 but before the 
decision to open the oral 
procedure provided for in Article 
40(1). In that event, if the 
P r e s i d e n t a l l o w s t h e 
intervention, the intervener 
may, on the basis of the Report 
for the Hearing communicated 
to him, submit his observations 
during the oral procedure, if that 
procedure takes place. 
Chapter IV 
JUDGMENTS BY DEFAULT AND 
APPLICATIONS TO SET THEM 
ASIDE 
Article 90 
1. If a defendant on whom an 
a p p l i c a t i o n i n i t i a t i n g 
proceedings has been duly 
served fails to lodge a defense 
tc the application in the proper 
form within the time prescribed, 
the applicant may apply for 
judgment by default. 
2. The application shall be served 
on the defendant. 
3. The Court may decide to open 
the oral procedure on the 
application. 
4. Before giving judgment by 
default the Court shall, after 
considering the circumstances 
of the case consider: 
(a) W h e t h e r the a p p l i c a t i o n 
in i t ia t ing p r o c e e d i n g s is 
admissible, 
(b) Whe the r the appropr ia te 
formaliti'es have been complied 
with, and 
(c) W h e t h e r the a p p l i c a t i o n 
appears well founded. 
5. The Cour t may order a 
preparatory inquiry. 
6. A judgment by default shall be 
enforceable. 
7. The Court may, however, grant 
a stay of execution until the 
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AUGUST 2002 Official Journal of Ihe ECOWAS Volume 41 
Court has given its decision on 
a n y a p p l i c a t i o n u n d e r 
paragraph 8 to set aside the 
judgment, or it may make 
execu t ion subject to the 
provision of security of an 
amount and nature to be fixed in 
the light of the circumstances. 
This security shall be released if 
no such application is made or if 
the application fails. 
8. Application may be made to set 
aside a judgment by default. 
9. The application to set aside the 
judgment must be made within 
one month from the date of 
service of the judgment and 
must be lodged in the form 
prescribed by Articles 32and 33 
of these Rules. 
10. After the application has been 
served, the President shall 
prescribe a period within which 
the other party may submit his 
written observations. 
11. The proceedings shall be 
conducted in accordance with 
Article 40 of these Rules. 
12. The Court shall decide by way 
of a judgment which may not be 
set aside. The original of this 
judgment shall be annexed to 
the original of the judgment by 
default. 
13. A note of the judgment on the 
application to set aside shall be 
made in the margin of the 
original of the judgment by 
default. 
ChapterV 
E X C E P T I O N A L R E V I E W 
PROCEDURES 
S e c t i o n 1 : T h i r d - p a r t y 
proceedings 
Article 91 
1. Articles 32 and 33 of these 
Ru les sha l l app ly to an 
application initiating third-party 
proceedings. In addition such 
an application shall: 
(a) S p e c i f y t h e j u d g m e n t 
contested; 
(b) State how that judgment is 
prejudicial to the rights of the 
third party; 
(c) Indicate the reasons for which 
the third party was unable to 
take part in the original case. 
2. The application must be made 
against all the parties to the 
original case. 
3. Where the judgment has been 
published in the Official Journal 
of the community, the 
application must be lodged 
within two months of the 
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AUGUST 2002 Official Journal of the ECOWAS Volume 41 
publication. 
4. The Court may, on application 
by the third party, order a stay of 
execution of thejudgment. 
5. The provisions of Title 111, 
Chapter I, of these Rules shall 
apply. 
6. The contested judgment shall 
be varied on the points on which 
the submissions of the third 
party are upheld. 
7. The original of the judgment in 
the third-party proceedings 
shall be annexed to the original 
of the contested judgment. A 
note of the judgment in the third-
party proceedings shall be 
made in the margin of the 
original of the contested 
judgment. 
Section 2: Revision 
Article 92 
An application for revision of a 
judgment shall be made within three 
months of the date on which the facts 
on which the application is based 
came to the applicant's knowledge. 
Article 93 
1. Articles 32 and 33 of these 
Ru les sha l l app ly to an 
application for revision. 
2. In addition such an application 
shall: 
(a) S p e c i f y t h e j u d g m e n t 
contested; 
(b) Indicate the points on which the 
judgment is contested; 
(c) Set out the facts on which the 
application is based; 
(d) Indicate the nature of the 
evidence to show that there are 
facts justifying revision of the 
judgment, and that the time limit 
laid down in Article 92 has been 
observed. 
3. The application must be made 
against all parties to the case in 
which the contested judgment 
was given. 
Article 94 
1. Without prejudice to its decision 
on the substance, the Court, in 
closed session, shall, after 
hearing the parties and having 
r e g a r d to t h e w r i t t e n 
observations of the parties, give 
in the form of a judgment its 
decision on the admissibility of 
the application. 
2. If the Court finds the application 
admissible, it shall proceed to 
consider the substance of the 
application and shall give its 
decision in the form of a 
judgment in accordance with 
these Rules. 
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AUGUST 2002 Official Journal of the ECOWAS Volume 41 
3. The original of the revising 
judgment shall be annexed to 
the original of the Judgment 
revised. A note of the revising 
judgment shall be made in the 
margin of the original of the 
judgment revised. 
Chapter VI 
I N T E R P R E T A T I O N 
JUDGMENTS 
O F 
Article 95 
1. An application for interpretation 
of a judgment under Article 23 
of the Protocol shall be made in 
accordance with Articles 32 and 
33 of these Rules. In addition it 
shall specify: 
(a) The judgment in question; 
(b) T h e p a s s a g e s of w h i c h 
interpretation is sought. 
2. The application must be made 
against all the parties to the 
case in which the judgment was 
given. 
3. The Court shall give its decision 
in the form of a judgment after 
having given the parties an 
opportunity to submit their 
observations and after hearing 
the parties.. 
4. The original of the interpreting 
judgment shall be annexed to 
the original of the judgment 
interpreted. 
5. A note of the interpreting 
judgment shall be made in the 
margin of the original of the 
judgment interpreted 
Chapter VII 
OPINIONS 
Article 96 
1. Any request by any of the 
institutions of the Community, 
for an Opinion pursuant to 
Articles 10 of the Protocol shall 
be s e r v e d on the Ch ie f 
R e g i s t r a r , w h o s h a l l 
immediately inform member 
states, notifying them of the 
time limit fixed by the President 
for receipt of their written 
observations or for hearing their 
oral declarations. 
2. The request for adv isory 
op in ion as con ta ined in 
paragraph 1 of Article 10 shall 
be made in writing. 
3. The request shall contain a 
statement of the question upon 
which the advisory opinion is 
required. 
4. T h e s t a t e m e n t sha l l be 
accompanied by all relevant 
documents likely to throw light 
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\UGUST 2002 Official Journal of the ECOWAS Volume 41 
upon the question. 
5. The Court shal l give the 
advisory opinion in public. 
6. In the exercise of its advisory 
function, the Court shall be 
governed by the provisions of 
the Protocol, which applied in 
contentious cases where the 
Court recognizes them to be 
applicable. 
Article 97 
1. As soon as the request for an 
Advisory Opinion has been 
lodged, the President shall 
designate a judge to act as 
Rapporteur 
2. The Court sitting in closed 
session shall, after hearing the 
Judge give its decision. 
3. The Opinion shall be delivered 
in a c c o r d a n c e wi th the 
provisions of Article 10 of the 
Protocol.. 
4. The Opinion, signed by the 
President, by the Judges who 
took part in the 
Deliberations and by the Chief 
Registrar, shall be served on 
the Institution concerned. 
TITLE IV 
MISCELLANEOUS PROVISIONS 
Article 98 
The President shall instruct any 
person who is required to take an oath 
before the Court, as witness or expert, 
to tell the truth or to carry out his task 
conscientiously and impartially, as the 
case may be, and shall warn him of 
the criminal liability provided for in his 
national law in the event of any breach 
of this duty. 
Article 99 
Subject to the provisions of the 
protocol and after consultation, the 
Court shall adopt supplementary 
rules concerning its practice in 
relation to: 
(a) Letters rogatory; 
(b) Reports of perjury by witnesses 
or experts. 
Article 100 
The Court may issue practice 
directions relating in particular to the 
preparation and conduct of the 
hearings before it and to the lodging of 
written statements of case or written 
observations. 
Article 101 
These Rules, which are authentic in 
the languages mentioned in Article C7 
of the Treaty shall be published in the 
Official Journal of the Community and 
shall become valid soon after their 
publication. 
67 
AUGUST 2002 Official Journal of fhe ECOWAS Volume 4? 
Communaute Economique des Etats 
de I'Afiique de 1'Quest 
Economic Community 
of West African States 
Sixth Extra-Ordinary Session of the Council of Ministers 
Abuja, 27 - 28 August, 2002 
REGULATION NO. C/REG.6/8/02 RELATING TO THE TAKE-OFF 
OF THE ECOWAS BANK FOR INVESTMENT 
AND DEVELOPMENT (EBID) AND ITS SUBSIDIARIES 
THE C O U N C I L OF MINISTERS, 
MINDFUL of Articles 10, 11 and 12 of the Treaty of the Economic Community of 
West African (ECOWAS) establishing the Council of Ministers and defining its 
composition and functions; 
MINDFUL of Decisions A / D E C . 2/6/8S and Ay DEC. 10/6/89 of the Authority of 
Heads of State and Government relating to the study on the restructuring of the 
E C O W A S Fund and establishing the ad hoc Ministerial Committee on the 
Enhancement of the Financial Resources of the E C O W A S Fund, 
MINDFUL of Decision A / D E C . /4/12/99 of the Authority relating to the 
transformation of the E C O W A S Fund into a regional holding company with two 
subsidiaries; 
MINDFUL of Regulations C / R E G . 2/4/02 appointing the President of the E C O W A S 
Bank for Investment and Development (EBID), C/RE. 6/12/00 appointing the Deputy 
Managing Director of the E C O W A S Regional Investment Bank (ERJB) and C / R E G . 
7/12/00 appointing the Managing Director of the E C O W A S Regional Development 
Fund (ERDF); 
A W A R E of the need to ensure the take-off of the activities of EBID and its 
subsidiaries; 
HAVING CONSIDERED the report of the 21" meeting of the ad hoc Ministerial 
Committee on the Enhancement of the Financial Resources of the E C O W A S Fund: 
68 
AUGUST 2002 Official Journal of the ECOWAS Volume 41 
E N A C T S 
Article 1 
Pending the entry into force of Protocols A/P 1/12/01 amending the E C O W A S Treaty 
and A/P2/12/01 relating to EBID, the President is hereby authorised to ensure the 
take-off of E B I D and its subsidiaries and render them operational in collaboration 
with the Managing Director of the E R D F and the Managing Director of ERIB. 
Article 2. 
In line with the objective set in Article 1 above, EBID shall subscribe fully to the 
capital of the subsidiaries, including the holding of shares allocated to non-regional 
financial partners, and pay up the first tranche of the called-up capital from available 
resources, taking into account the commitments of the E C O W A S Fund. 
Article 3 
a) The President of E B I D , in collaboration with the Managing Director of ERDF, and 
the Managing Director of ERIB, shall redeploy the staff of the E C O W A S Fund within 
EBID, E R D F and ERIB. 
b) Member States shall be informed of vacancies arising from the redeployment 
exercise at least two months prior to the deadline for submission of applications. 
Such vacancies shall be widely publicised in the press of the Member States. 
c) The rights of the staff of the E C O W A S Fund, years of service, leave and financial 
benefits shall be transferred to and guaranteed at the institutions to which they are 
posted. 
d) The redeployment of staff shall be carried out within three months upon signature 
of this regulation. 
69 
AUGUST 2002 Official Journal of the ECOWAS Volume 41 
E N A C T S 
Article 1 
Pending the entry into force of Protocols A/P 1/12/01 amending the E C O W A S Treaty 
and A/P2/12/01 relating to EBID, the President is hereby authorised to ensure the 
take-off of EBID and its subsidiaries and render them operational in collaboration 
with the Managing Director of the ERDF and the Managing Director of ERIB. 
Article 2. 
In line with the objective set in Article 1 above, EBID shall subscribe fully to the 
capital of the subsidiaries, including the holding of shares allocated to non-regional 
financial partners, and pay up the first tranche of the called-up capital from available 
resources, taking into account the commitments of the E C O W A S Fund. 
Article 3 
a) The President of EBID, in collaboration with the Managing Director of ERDF, and 
the Managing Director of ERIB, shall redeploy the staff of the E C O W A S Fund within 
EBID, E R D F and ERIB. 
b) Member States shall be informed of vacancies arising from the redeployment 
exercise at least two months prior to the deadline for submission of applications. 
Such vacancies shall be widely publicised in the press of the Member States. 
c) The rights of the staff of the E C O W A S Fund, years of service, leave and financial 
benefits shall be transferred to and guaranteed at the institutions to which they are 
posted. 
d) The redeployment of staff shall be carried out within three months upon signature 
of this regulation. 
70 
AUGUST 2002 Official Journal of the ECOWAS Volume 41 
Article 4 
This Regulation shall enter into force with effect from the date of its signature by the 
Chairman of the Council of Ministers. It shall be published by the Executive 
Secretariat in the Official Journal of the Community within thirty(30) days of its 
signature. It shall also be published by each Member State in its National Gazette 
within the same time frame. 
D O N E A T A B U J A THIS 28™ D A Y OF A U G U S T . 2002. 
C H A I R M A N 
FOR COUNCIL 
71 
AUGUST 2002 Official Journal of the ECOWAS Volume 41 
Comntunaute Economique des Etats 
de l'Afiique de 1'Quest 
Economic Community 
of West African States 
Sixth Extra-Ordinary Session of the Council of Ministers 
Abuja, 27 - 28 August, 2002 
RESOLUTION C/RES 1/8/02 RELATING TO T H E SUBSCRIPTION AND 
P A Y M E N T OF THE CAPITAL OF THE ECOWAS BANK 
FOR INVESTMENT AND DEVELOPMENT AND ITS SUBSIDIARIES. 
THE COUNCIL OF MINISTERS, 
MINDFUL of Articies 10, 11 and 12 of the Treaty of the Economic Community of West 
African States (ECOWAS) establishing the Council of Ministers and defining its 
composition and functions; 
MINDFUL of Decisions A/DEC. 2/6/88 and A/DEC. 10/6/89 of the Authority of Heads of 
State and Government relating to the study on the restructuring of the Fund and establishing 
the ad hoc Ministerial Committee on the Enhancement of the Financial Resources of the 
ECOWAS Fund; 
MINDFUL of Decision A/DEC. 4/12/99 of the Authority relating to the transformation of 
the ECOWAS Fund into a Regional Holding Company with two subsidiaries; 
AWARE of the need to endow EBID and its subsidiaries with the resources necessary for 
the execution of their Community development financing plan; 
HAVING CONSIDERED the report of the 2151 meeting of the ad hoc Ministerial 
Committee on the Enhancement of the Financial Resources of the ECOWAS Fund. 
REQUESTS Member States to subscribe their share in the authorised capital of EBID 
without delay. 
URGES Member States in accordance with Decision A / D E C 13/12/01 relating to the first 
tranche of the called-up capital of EBID, to pay up their shares in the called-up capital. 
72 
AUGUST 2002 Official Journal of the ECOWAS Volume 41 
DIRECTS the Executive Secretary and the President of EBID to take necessary measures 
to ensure implementation of this resolution by the regional members. 
DONE AT AJ3UJA THIS 28™ DAY OF AUGUST, 2002. 
CHIEF (Dfy BIMBOLA OGUNKELU 
CHAIRMAN 
FOR COUNCIL 
73 
AUGUST 2002 Official Journal of the ECOWAS Volume 41 
Sixth I vtru-Ordinnrv Session of the Council of Ministers 
Abuja 27 - 2X August, 2002 
Regulation (7RICC5/8/02 Appointing the Financial 
Controller ot the Institutions of the Community 
The Council ol'Ministers, 
Mindful of Articles 1(1. 1 I and 12 ot'the Treaty establishing the Council of 
Ministers and defining its composition and functions; 
Mindful of the provisions of Ihe Financial Regulations and Manual of 
Accounting Procedure of the Institutions of the Community; 
Mindful of Decision A/ I)1'X.\4' i 2.01 relating to the reinstatement of the post 
of the Financial Controller of the institutions of the Community; 
Mindful also of Decision A'D1-X'.3.'7'01 on the selection and evaluation of 
the performance of statu ton Appointees of the institutions of the 
Community; 
Mindful of Decision A/DF.C.21/12/01 allocating the position of Financial 
Controller to the Republic of The Gambia. 
On the recommendation of the sixth meeting of the A d Hoe Ministerial 
Committee on the Selection and Evaluation of Statutory Appointees held in 
Abuja on 26 , h August, 2002. 
74 
AUGUST 2002 Official Journal of the ECOWAS Volume t-
E N A C T S 
Article 1 
M r Momodou Yandeh Malleh S A L L A H is hereby appointed the Financial 
Controller of the Institutions of the Community for a period of four (4) years \\ ith 
effect frpm the date he assumes duty. 
.Article 2 
This Regulation shall be published by the Executive Secretariat in the Official 
Journal of the Community within thirry (30) days of its signature by the Chairman of 
the Council of Ministers. It shall also be oublished bv each Member State ;n \is 
National Gazette within the same time-frame. 
Done at Abuja, this 28 t h day of August 2002 
Chief (Dr)BHnboIa OGUNKELL' 
Chairman 
For Council 
75 
AUGUST 2002 Official Journal of the ECOWAS Volume 41 
Communaute Economique des Hizas 
de i'.AJriaue de fOuest 
Economic Community 
of West .African States 
Sixth Kxtra-Ordinary Session of the Council of Ministers 
Abiij'a 27 - 28 August, 2002 
R E G U L A T I O N NO. C7REG.6/8/U2 R E L A T I N G T O THER T A K E - O F F 
O F T H E E C O W A S H A N K F O R I N V E S T M E N T 
A N D DIA K I . O I ' M K M (F.HID) A N D ITS SUBSCRIAR1ES 
I i l l t O l . ' M 11. O l - M I N I S I I.KS 
M I N D F U L of Article 10. 11 ami 12 of the Treaty of the Economic 
( omniuml> of West African (ECOWAS) establishing the Council of 
Ministers and defining its composition and functions; 
M I N D F L ' L of Decisions A/DEC.2/6/88 and A / D E C . 10/6/89 of the 
Authority of Heads of State and Government relating to the study on the 
restructuring of the ECOWAS Fund and establishing the ad hoc Ministerial 
Committee on the Enhancement of the financial Resources of the E C O W A S 
fund. 
M I N D F U L of Decision A / D E C . /4/12/99 of ihe Authority relating to the 
transformation of the E C O W A S Fund into a regional holding Company with 
tu o subsidiaries; 
M I N D F U L of Regulations C/REG.2/4/02 appointing the President of the 
ECOWAS Bank for Investment and Development (EBID), C/RE.6/12/00 
appointing the Deputy Managing Director of the E C O W A S Regional 
Investment Bank (ERIB) and C/REG.7/12/00 appointing the Managing 
Director of the E C O W A S Regional Development Fund (ERDF). 
AWARE of the need to ensure the take-off of the activities of EBID and its 
subsidiaries. 
HAVING CONSIDERED the report of the 21st meeting of the ad hoc 
Ministerial Committee on the Enhancement of the Financial Resources of 
the ECOWAS Fund. 
76 
AUGUST 2002 Official Journal of the ECOWAS Volume 41 
E N A C T S 
A r t i c j M 
Pending the entry into force of Protocols A/PI/12/01 amending the 
HCOWAS Treaty and A/P2/12/01 relating to MB ID, the President is hereby 
authorised to ensure the take-off of I-TilD and its subsidiaries and render 
them operational in collaboration with the Managing Director of the E R D F 
and the Managing Director of ERIB. 
Article 2 
In line with the objective set in Article 1 above, E B I D shall subscribe fully 
to the capital of the subsidiaries, including the holding of shares allocated to 
non-regional financial partners, and pay up the first tranche of the called-up 
capital from available resources, taking into account the commitments of the 
E C O W A S Fund. 
Article 3 
a) The President of E B I D , in collaboration with the Managing Director of 
ERDF, and the Managing Director of ERIB, shall redeploy the staff of the 
E C O W A S Fund within E B I D , E R D F and E R I B . 
b) Member States shall be informed of vacancies arising from the 
redeployment exercise at least two months prior to the deadline for 
submission o f applications. Such vacancies shall be widely publicised in the 
press of the Member States. 
c) The rights of the staff of the E C O W A S Fund, years of service, leave and 
financial benefits shall be transferred to and guaranteed at the institutions to 
which they are posted. 
d) The redeployment of staff shall be carried out within three months upon 
signature of this regulation. 
77 
AUGUST 2002 Official Journal of ihe ECOWAS Volume 41 
Article -i 
Ihe Regulation shall enter inio torce with effect from ihe dale oi" ils 
signature by the Chairman o f the Counci l Ministers. It shall be published by 
the Executive Secretariat in the Official Journal o f the Communi ty within 
thirty (30) da\s of its signature. It shall also he published by each Member 
State in its National Gazette within the same time frame. 
DONE AT ABUJA THIS 28" ' DAY OF A U G U S T , 2002 
C h i e f ( D r \ g i m b o l a ogunkelu 
CHAIRMAN 
FOR COUNCIL 
/ 6 
AUGUST 2002 Official Journal of the ECOWAS Volume 41 
Sixth Extra-Ordinary Session of the Council of Ministers 
Abuja 27 28 August. 2002 
RESOLUTION C.78/02 R E L A T I N G T O I MF SUBSCRIPTION ANT) 
PA V E N T OK IHE C A P I T A L OF T H E E C O W A S B A N K 
I OR I N V E S T M E N T AND D E V E L O P M E N T AND ITS SUBSIDIARIES 
I 111 COUNCIL Ol MINISTERS 
MINDFI L of A nicies 10. 11 ami 12 of the Treat) of the Economic 
Community of West African Stales ( E C O W A S ) establishing the Council of 
Ministers and defining its composition and functions; 
MINDFUL of Decisions A/DEC.2.-6.S8 and A/DEC/10/6 /89 of the 
Authority of Eleads of State and Government relating to the study on the 
resinieiunng of the Fund and establishing the ad hoc Ministerial Committee 
on the Enhancement of the Financial Resources of the E C O W A S Fund; 
MINDFUL of Decision A/DEC.4/12/99 of the Authority relating to the 
transformation of the E C O W A S Fund into a Regional Holding Company 
u ith i\\ o subsidiaries: 
A W A R E of the need to endow E B I D and its subsidiaries with the resources 
necessary for the execution of their Communis development financing plan; 
HAVING CONSIDERED the report of the 2 P 1 meeting of the ad hoc 
Ministerial Committee on the Enhancement of the Financial Resources of 
the E C O W A S Fund. 
REQUESTS Member States to subscribe their share in the authorised 
capital of E B I D without delay; 
URGES Member States in accordance with Decision A/DEC.13/12/01 
relating to the first tranche of the called-up capital o f E B I D , to pay up their 
shares in the called-up capital. 
79 
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AUGUST 2002 Official Journal of the ECOWAS Volume 41 
Ai D I R E C T S the Executive Secretary and the President o f E B I D to take necessary measure-
to ensure implementation o f this resolution by the regional members 
D O N E A T ABUJA THIS 28TH DAY OF A U G U S T . 2002. 
C h i e f ( D r \ B i m b o l a ogunkclu 
CHAIRMAN 
FOR COUNCIL 
80