ECOWAS court rules on violation of rights of Liberian parties
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The ECOWAS Court of Justice has handed down a judgment in a case brought by the True Whig Party (TWP), a Liberian political party, alleging violations of property rights, fair hearing and effective remedies by the Republic of Liberia.
The court declared that it had jurisdiction to deal with the matter. It also declared that the applicant’s application was granted, but ruled that there was no violation of property rights by the Republic of Liberia.
The applicants’ lawyers asserted that the True Whig Party was founded in 1869, was registered as a political organization in Liberia, and was the ruling party until 1980, when the Armed Forces of Liberia (AFL) staged a coup.
The party claimed that 13 of its members were summarily executed and that its headquarters, the EJ Roy building, was confiscated by the self-proclaimed military regime, the People’s Relief Council (PRC).
The applicant argued that despite amendments to the statute to allow for the return of confiscated buildings, the respondent did not return the property and that a subsequent offer to purchase the building for $600,000 was rejected.
He further explained that the defendant subsequently entered into a questionable memorandum of understanding (MoU) with former party members who received $130,000 in 2013, even though his term had expired.
The applicant said it also opposed the respondent’s attempt to change ownership of the property to the National Oil Company (NOCAL), a state entity.
It argued that the confiscation violated, among other things, its rights to fair hearing and property under the Liberian Constitution, the African Charter of Human Rights, and international treaties.
It asked the court to declare that the forced takeover of the applicant’s headquarters, the EJ Roye Building in Monrovia, Liberia, was illegal and violated fundamental rights. It also sought a court order ordering the defendants to pay $10 million in aggravated general damages.
Meanwhile, the defendant, the State of Liberia, admitted to the murder of party leaders and the confiscation of property, including the party headquarters building that is the subject of the case.
The defendant said it sought a settlement when it paid $225,000 free of charge for the relocation and reconstruction of the party, and that the applicant was bound by a memorandum of understanding and that the applicant did not rent the property to another facility. He argued that this suggests that It asked the court to declare the application inadmissible because of the Liberian Supreme Court’s previous judgment on the same subject matter, adding that the application was an abuse of judicial process.
In its judgment, the court held that the applicant had failed to prove that the right to a fair hearing guaranteed by Article 7 of the African Charter had been violated by the respondent.
Regarding the alleged infringement of the applicant’s property rights (ownership of the EJ Roye building), the court noted that the applicant’s claim was without merit and that the respondent was protected by section 14 of the African Act. It was declared that the applicant’s property rights were not infringed. charter.
The sentence was handed down by Judge Rapporteur Justice Dupe Atoki. The other judges on the panel were Judge Seng M. Coloma and Judge Ricardo Claudio Monteiro Goncalves.
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Source: dailypost.ng