ECOWAS Court orders Togo to pay CFA 5 million damages to citizen

The ECOWAS Court of Justice has ordered the Togolese government to pay five million CFA Francs in damages to its citizen, Kessei Menveinoyou, for the violation of his fundamental rights.

Delivering judgment, the court held that Togo violated the right of Mr Menveinoyou to a fair and timely appeal under Article 7(1) of the African Charter on Human and Peoples’ Rights.

The court’s three-member panel presided by its President, Justice Ricardo Gonçalves and delivered by Justice Edward Asante, held that Togo was under obligation to uphold its citizens’ rights to fair trial.

According to the court, the Republic of Togo is a party to the African Charter on Human and Peoples’ Rights, and has every legal obligation to comply with the charter’s provisions.

“The failure of the Togolese judicial authorities to transmit the Applicant’s appeal to the relevant appellate court violated his right to a fair trial within a reasonable time,” the court said.

The community court also dismissed Togo’s preliminary objection that the court lacked jurisdiction to entertain the suit.

Justice Asante held that cases of alleged violations of fundamental human rights instruments fell under its purview and were binding on all ECOWAS member states.

The court, therefore, ordered the Togolese Republic to pay Mr Menveinoyou five million CFA Francs in damages.

It also directed the Togolese government to take the necessary legal or administrative steps to expedite the processing and hearing of Menveinoyou’s appeal before the appropriate domestic court.

It would be recalled that Mr Menveinoyou, a driver residing in Lomé, had filed an employment suit against the Togolese Ministry of Health to a Labour Court in Lomé in 2015.

The Labour Court later delivered judgement in favour of the ministry, following which he filed an appeal against the judgment in 2016.

Mr Menveinoyou claimed in the appeal that the Labour Court Registrar neglected to transmit his appeal to the appropriate appellate court for hearing.

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According to him, the Registrar’s negligence resulted in an unreasonable delay of about eight years.

He contended in his submission before the ECOWAS court that the Registrar’s inaction contravened his fundamental right to have his appeal heard within a reasonable time.

Responding, the Togolese government objected to the ECOWAS Court’s jurisdiction, arguing that the matter fell within Togo’s domestic legal framework.

The News Agency of Nigeria ((NAN) reports that the panel also had Justice Gberi-Bè Ouattara as a member.

(NAN)