Aonuevo, Grean V.

4Political Science

October 15, 2010

Political Development in Africa: A Parcel of Development in West Africa: The ECOWAS Court of Justices Liberalization Development is seen as the process by which a type of (social) change is introduced into a system in order to produce a better production method and improved social arrangement. It involves a structural transformation of the economy, society, polity and culture of a country (Lawal, 2007: 1). In the given definition of development, thus, development indeed was now a trend and a fashion amongst states and nations. Third world countries are now called developing countries for the reason that, these countries are now at the peak of achieving and struggling for change in their systemmoreover, one of the third world countries that illustrates this struggling for change and improvement was the country of Africa. To illustrate a portion of development in the political realm of Africa, let us take a peek into what had happened and what has changed in the system of West Africas Economic Community of West African States or ECOWAS. Firstly, the ECOWAS aims to promote co-operation and integration in economic, social and cultural activity, ultimately leading to the establishment of an economic and monetary union through the total integration of the national economies of member states. It also aims to raise the living standards of its peoples, maintain and enhance economic stability, foster relations among member states and contribute to the progress and development of the African Continent (Banjo, 2007: 72). However, a distinct problem in the said organization was that its own Court of Justice. The ECOWAS Court of Justice was said to be the institution wherein it encourages fundamental Human Rights observance. To achieve this, the Court will undertake a process of creating awareness among the populace of Member States regarding the existing Treaties among the Member States and the fact that individuals can have access to the Court through their Member States if they feel aggrieved. Also, the court was said to amicably settle disputes among Member States themselves through alternative dispute resolution processes. From the foregoing, it has become obvious that the ECOWAS Court of Justice is to function as the principal legal/decision-enforcing organ of the community. The essential role of the Community Court of Justice is to ensure the observance of law and justice in the interpretation and application of the Treaty, the Protocols and Conventions. However, one of the problems that were faced by the ECOWAS Court of Justice was that its nature of being state centered and not being people centered. The non-use by the states and non-direct access by citizens continue to plague the court. But despite the comprehensive provisions for the states, the President of the Court during an interview expressed surprise that the states have not thought it necessary to make full use of the services of the Court, as provided for in the Treaty and Protocols. In fact no legal opinion has been sought so far, and no case has been brought before it by any state in the sub-region (Banjo, 2007:78). This then was conflicting for the reason that, it was agreed upon in its mission and vision that it must cater and encourage Human Rights observance. Politics and development here thus are intertwined and associated.in the case of the ECOWAS Court of Justice, development is thus palpable in the sense that, the Court has decided to liberalize and amend some of the protocols in the said treatyfrom a more state centered approach to a more people centered approach. As stated earlier, under the provisions of the Revised Treaty and the Protocol of the Court, only Member States and Institutions of ECOWAS have direct access to the Court. But the very first case to be brought before the Court was by a private individual named Mr. Afolabi Olajide A business man that seemed to be harassed by the Federal Republic of Nigeria and was said that his right to Free Movement of his person and goods as enshrined in Article 12 of the African Charter on Human and Peoples Rights was violated. The plaintiff avers that the closure of the border of Nigeria was without prior notice, and having attempted to travel to Benin Republic without prior information, he was restrained and refused by Nigerian law enforcement agents the right of passage into Benin Republic to take delivery of his goods (Banjo, 2007:79). This caused the court to amend such protocols because it became clear that the limited scope of jurisdiction of the Court and the denial of access to the Court to individuals were grave and fundamental limitation to the rights of private West African individuals. Moreover, the Court then must be an institution where any party that files its case will still obtain justice, thereby ensuring peace and harmony in the sub-region and will further reflect a developed member states inter relationship. The Court evolved into a unique and essential body growing and matching up to international standards, not only in structure and infrastructure but also in the value and authoritative content of its judgments.

Sources Banjo, A. The ECOWAS Court and the Politics of Access to Justice in West Africa. Africa Development, Vol. XXXII, No. 1, 2007, pp.6987. Lawal, G. Corruption and Development in Africa: Challenges for Political and Economic Change. Humanity & Social Sciences Journal 2 No. 1, 2007, pp. 01-07,