The ECOWAS Court of Justice has ruled that the Togolese Republic violated the right of Mr. Kessei Menveinoyou, a Togolese citizen, to a fair and timely appeal, citing Article 7(1) of the African Charter on Human and Peoples’ Rights.
Mr. Menveinoyou, a driver from Lomé, initially filed a 2015 employment dispute with the Togolese Ministry of Health in a Labour Court, which ruled in favor of the Ministry. When he appealed in 2016, the Labour Court in Lomé reportedly failed to forward his appeal for review, leading to an eight-year delay. Menveinoyou argued that this delay violated his right to a reasonable appeal timeframe.
Togo challenged the ECOWAS Court’s jurisdiction, contending it was a domestic matter. However, the Court affirmed its jurisdiction, emphasizing its authority over human rights violations concerning international agreements binding on ECOWAS members.
Delivering the judgment, Judge Rapporteur Justice Edward Amoako Asante ruled that Togo, as a signatory to the African Charter, is obligated to ensure citizens’ rights to a fair trial. The Court ordered Togo to pay Mr. Menveinoyou 5 million CFA Francs in damages and instructed the state to expedite his appeal proceedings.
The three-judge panel for the case included Justice Ricardo Cláudio Monteiro Gonçalves (presiding), Justice Gberi-Bè Ouattara, and Justice Edward Amoako Asante.
