ECOWAS Court limits all applications filed before it to 15 pages —Official
ECOWAS Court limits all applications filed before it to 15 pages —Official

The ECOWAS Court of Justice has said that no applications filed before it should exceed 15 pages, except in special circumstances, with the approval of the Court’s President.

The Communications Department of the Court disclosed this in a statement made available to the News Agency of Nigeria (NAN) on Monday, in Abuja.

According to the statement, the rules of the court was made known in a presentation by Mr. Ekpenyong Duke, a lawyer at the Court’s Registry, at the Court’s sensitisation seminar in Ilorin, Kwara.

Duke, in his presentation, stated that where a party desired an accelerated hearing, such request must be made through a separate application lodged at the same time with the application initiating the proceedings.

Also, in the presentation to the lawyers forum on how to file cases before the ECOWAS Court, Duke challenged the lawyers to familiarise themselves with the various basic texts of the Court.

“Lawyers and parties should be familiar with the competences and jurisdiction of the Court and those that can access the Court as specified under Article 76 of the Revised Treaty, and Articles 9 and 10 of its Protocols.

“Initiating applications should comply with the provisions of Article 33 of the Rules of Procedure of the Court.

“And highlight the names and designations of the parties, the subject matter of the dispute, summary of facts, summary of pleas in law.

“And reliefs sought by the Applicant, nature of supporting evidence, address for service and name of person authorised to receive the service.

“After the receipt and lodgement of the compliant application, the Court serves the opposing party (the Respondent) with the initiating application and notifies the Respondent, through Notice of Registration of new application.

“That the Court expects a response to be lodged within a month, as stated in its rules of procedure.

“That Applications must be signed and sent to the registry of the Court by email to registry@courtecowas.org,” Duke stated

Duke also noted that Article 9 (2) of the Court’s Practice Direction states that the application must not exceed 15 pages, except in exceptional circumstances.

According to him, the section also states that if it required expedited hearing, it must be stated in a separate application and sent along with the initiating application.

Duke explained that the Respondent against whom the application is filed is expected to file his defence within a month, in accordance with Article 35 of the Rules of Procedure and Article 5 (1) of the Practice Direction.

This, he also explained, required him to include his name and address, arguments and laws relied on, nature of his evidence and order(s) sought from the Court.

He further explained that the applications may be supplemented with a reply from the Applicant and rejoinder by the Respondent.

He added that time limits for filing applications may be extended by the Court, if a party requiring it files an application seeking that consideration.

Duke also told the lawyers that the Court adopted its 2020 Practice Direction on Electronic Case Management and Virtual Court Sessions, to allow it commence electronic filing and virtual court sessions in response to the COVID-19 pandemic.

“Article 3 of the newly adopted document allowed parties and lawyers to file signed legal documents saved in PDF format, electronically.

“And that the Court publishes notice of registration of applications in the official journal of ECOWAS, as a means of informing member states.

“The general public and interested parties may also wish to intervene in a matter before the Court,” Duke stated. (NAN)

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