The ECOWAS Court of Justice has declined jurisdiction in a contract dispute between Agence Conseil en Communication et Évènementiel (INTERPUB), a Burkinabè communication firm, and the Republic of Guinea, ruling that the matter falls outside its legal mandate.
In Application No. ECW/CCJ/APP/04/25, INTERPUB accused the Guinean government of breaching a contract related to the organization of the 9th Salon International du Textile Africain (SITA) held in 2023. The firm claimed it acted on an official request from Guinea’s Prime Minister, with the event allegedly included in the national budget and governed by a partnership agreement.
INTERPUB sought the Court’s recognition of the contract and demanded payment of over 104 million FCFA in fees, 72 million FCFA in damages, and a daily penalty of 1 million FCFA for non-payment. Despite multiple reminders and mediation attempts, Guinea reportedly failed to fulfill its financial obligations.
The Republic of Guinea, however, contested the admissibility of the case, asserting that the Court lacked jurisdiction as the dispute was purely contractual. It referenced Article 9 of the ECOWAS Supplementary Protocol (A/SP.1/01/05), which limits the Court’s mandate to interpreting ECOWAS legal instruments, addressing human rights violations, handling staff disputes, determining non-contractual liability of Community institutions, and arbitrating matters under special agreement.
The Court agreed, finding no human rights allegations or ECOWAS institutional involvement in the dispute. Relying on precedent, including Chief Frank C. Ukor v. Rachad Laleye & Republic of Benin (2007), the panel reaffirmed that contractual disagreements between private entities and Member States, without a human rights component, fall outside its competence.
Ruling Summary:
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Guinea’s preliminary objection on jurisdiction was upheld.
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The Court declined to hear INTERPUB’s claims.
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INTERPUB was ordered to bear the legal costs.
The judgment was delivered by a three-member panel consisting of:
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Hon. Justice Ricardo Cláudio Monteiro Gonçalves (Presiding and Rapporteur)
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Hon. Justice Sengu Mohamed Koroma
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Hon. Justice Dupe Atoki
The decision reinforces the Court’s consistent position that it is not a venue for resolving commercial disputes unless connected to human rights violations or specific ECOWAS legal instruments.
