In a landmark decision, the ECOWAS Court of Justice has delivered its judgment on a case brought forth by the True Whig Party (TWP), a Liberian political entity, alleging the violation of its rights to property, fair hearing, and effective remedy by the Republic of Liberia.
The Court, in its ruling, affirmed its jurisdiction to adjudicate on the matter and deemed the Applicant’s application admissible. However, the judgment dismissed the claim of the violation of the right to property by the Republic of Liberia.
According to the legal representative of the True Whig Party, the party, established in 1869 and registered as a political entity in Liberia, was the ruling party until 1980 when a coup orchestrated by the Armed Forces of Liberia (AFL) led to the party’s downfall. The TWP asserted that thirteen of its members were summarily executed, and its headquarters, the ‘E.J. Roye Building,’ was confiscated by the People’s Redemption Council (PRC), the self-styled military government.
The party contended that, despite a decree amendment allowing the return of the confiscated building, the Republic of Liberia failed to restore the property. The subsequent offer to purchase the building for $600,000 was also rejected by the party.
Furthermore, the TWP argued that the Republic of Liberia entered into a questionable Memorandum of Understanding (MoU) with former party members in 2013, who received $130,000, even though their tenure had expired. The party opposed the attempt to transfer ownership of the property to the state’s agency, the National Oil Company (NOCAL).
The TWP claimed that these actions violated its rights, particularly the rights to fair hearing and property as enshrined in the Liberian Constitution, the African Charter on Human and Peoples’ Rights, and various international treaties.
In its plea to the Court, the TWP sought a declaration that the forceful takeover of its headquarters, the E.J. Roye Building, in Monrovia, Liberia, was illegal and constituted a violation of its fundamental rights. Additionally, the party requested an order directing the Republic of Liberia to pay $10 million in aggravated and general damages.
On the part of the Republic of Liberia, it acknowledged the killing of the TWP’s leader and the confiscation of properties, including the party’s headquarters building, which formed the crux of the case. The respondent claimed that it made a goodwill payment of $225,000 for the party’s relocation and rebuilding, insisting that the TWP was bound by the MoU, indicating that the property had been leased to another establishment. The Republic of Liberia urged the Court to declare the application inadmissible, citing a prior ruling of the Supreme Court of Liberia on the same matter and labeling the application as an abuse of the court process.
In delivering the judgment, Hon. Justice Dupe Atoki, the Judge Rapporteur, stated that the TWP failed to substantiate its claim that its right to fair hearing, as guaranteed under Article 7 of the African Charter, had been violated by the Republic of Liberia. On the allegation of the violation of the TWP’s right to property (ownership of the E.J. Roye Building), the Court declared that the claim was unsubstantiated, affirming that the Republic of Liberia did not infringe on the party’s right to property, as guaranteed by Article 14 of the African Charter.
The panel of judges delivering the judgment included Hon. Justices Sengu M. Koroma and Ricardo Cláudio Monteiro Gonçalves.
