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The EALA Speaker, Rt Hon. Daniel Fred Kidega says the time for the Economic Community of West African States’ (ECOWAS) Parliament to get Legislative powers is now, Such a move, Rt Hon. Kidega notes would be a precursor to capacitate the Legislature to enact laws and respond to demands of the populace of the West African region. Consequently, the EALA Speaker is urging the 4th Legislature to up the push on the adoption and signing of the Supplementary Act on the Enhancement of powers of the said Parliament.
Rt Hon. Daniel Fred Kidega made the remarks on September 22, 2016, as he delivered a solidarity message to the Assembly at the commencement of the 2nd Ordinary Session of the ECOWAS Parliament at the Parliamentary buildings in Garki, Abuja, Nigeria.
He further remarked that it was in the best interest of the bloc to speed up integration to realise the aspirations of the founding fathers of ECOWAS and those of its citizens.
“In order to realise integration to its fullest, this may perhaps be – an opportune moment for the ECOWAS Parliament to transform itself into a legislative body capacitating it to enact laws that can influence change and to respond to the demands of the populations”, the Speaker said.
“I recall with vigour the 3rd Legislature had sought the enhancement of its powers to include the power to legislate in co-decision with the Council of Ministers, representation, budget appropriation and confirmation of statutory appointees of the Community Institutions. The 4th Legislature continues with the spirited campaign for the adoption and signing of the Supplementary Act on the Enhancement of the Powers of the Parliament, which shall give ECOWAS Parliament the desired legislative powers, an initiative that EALA totally and fully supports”, the Speaker added.
He said EALA had contributed to strengthening of the integration process at the EAC - given its legislative powers, by passing over 70 pieces of legislation, all key to upping the stakes for stability and development in the EAC region.
“Having superintended over an Assembly with legislative powers, there are enormous benefits of such an arrangement for the integration process,” he added.
The EALA Speaker remarked that it was also necessary for the discourse on legislative powers to be scaled-up to the continental level. At the moment, the South African based Pan-African Parliament (PAP) is also campaigning for the ratification of the new Protocol that is envisaged to give it powers to pass model laws for the continent. The new Protocol needs at least 28 ratifications to be enforced. At the moment, 10 countries have ratified the instrument but only two have returned (deposited) the same with PAP.
In an aired/televised message, the President of the Republic of Liberia and Chairperson of the Authority of ECOWAS Heads of State and Government, H.E. Ellen Johnson Sirleaf remarked that the ECOWAS Parliament was a catalyst and indeed at the fulcrum of integration.
President Sirleaf who was attending the United Nations General Assembly (UNGA) in New York, USA, maintained that ECOWAS was committed to achieving its 2020 Vision of a borderless and peaceful region, devoid of terrorism and other insecurities, and one that embraces good governance and employs total free movement of persons in the bloc.
The President remarked that ECOWAS region had realised a number of successes including the introduction of a regional e-passport, the first in the Continent and for its timely dispatch of a regional peace-keeping force to States that were facing conflicts. She however maintained the need to prioritise infrastructural projects and completion of outstanding protocols and signing of agreements such as the Economic Partnership Agreements (EPAs).
The Speaker of the ECOWAS Parliament, H.E. Mustaffa Cisse LO, stated at the very least, the ECOWAS Parliament would continue in its quest to find solutions for the ever-increasing regional challenges in migration and maritime security. He said ECOWAS’ mandate included holding consultations in key sector areas such as trade and investment to improve the standards of living and filtering of such resolutions to the ECOWAS Commission for implementation.
The opening ceremony was also addressed by the Speaker of the Pan-African Parliament, H.E. Roger Nkodo Dang, Speaker of the Parliament of Sierra Leone, Rt Hon Sheku Badara Bashiru Dambuya, President of the ECOWAS Commission and the President of the ECOWAS Court of Justice, Hon Justice Jérôme Traoré.
Over the next two weeks, the ECOWAS Parliament is expected to deliberate on a number of key matters including presentations of the draft report on the preparation of the preliminary draft of the 2017 budget of Parliament, consideration and adoption of reports of the Standing, Ad hoc and Joint Committees in Plenary. The Plenary shall also receive and consider the Country reports of its 15 Member States.
EALA has been collaborating with the regional Parliaments in sharing of information and in exchange of best practices. During the recent 8th Meeting of Annual Speakers, held under the aegis of the Pan-African Parliament in Midrand, South Africa, EALA Speaker was elected to chair the Caucus of Regional Speakers/leaders in Africa.
At the moment, other than the Parliament of the European Union, the EALA is the only other regional Parliament with legislative powers. EALA passes Bills on matters within the purview of the Community and such take precedence on the laws of the national Partner States on similar matters.
Posted in Press Release
The First Instance Division heard a matter filed on 20th November 2015 by Mr. Manariyo Desire (Burundi citizen) versus the Attorney General of the Republic of Burundi. The Applicant’s complaint is that the Government of Burundi has failed to abide by its commitment to the fundamental operational principles it has committed to under the Treaty, specifically the principles of the rule of law, good governance and the recognition and protection of the human rights of the Applicant, especially his right to property and to peaceful enjoyment of property that he lawfully owns.
The Applicant alleges that sometime back in 1977, he had bought three pieces of land from Mr. Nzopfabarushe Simon, Mr. Habinimana Andre and Ms. Nizonzima Scholastique. In 1999 the Applicant and the above-mentioned three sellers, had their sale transactions authenticated before the Tribunal of Residence of Musaga, in Bujumbura and they procured from that Tribunal an authenticated contract, through an attested Affidavit. In 2010, Mr. Nzopfabarushe filed a suit in the Tribunal of High Instance of Bujumbura, against the Applicant, laying claim on the land that he had sold to the Applicant, and which was subject to the authenticated affidavit at the time of sale of the piece of land.
In 2012 the Tribunal delivered its judgment of the matter in favor of Mr. Nzopfabarushe and the Applicant was not satisfied with the decision and thus appealed to the Court of Appeal of Bujumbura, praying that it reverses the judgment of the Tribunal of High Instance and to recognize his legitimate property rights on the said land, based on the evidence he had produced, especially the authenticates Bill of Sale, that is the attested Affidavit. In October 2013, the Court of Appeal delivered its judgment and upheld the judgment of the Tribunal of High Instance.
The applicant went further and filed a petition before the Cessation Chamber of the Supreme Court, invoking many grounds for violations of Burundian Law, in particular the refusal by the Court of Appeal to recognize the legal and probative value of the attested affidavit. However, the Cessation Chamber of the Supreme Court dismissed the Applicant’s petition.
Mr. Donald Deya, representing the Applicant in Court, submitted that the failure or refusal by the Respondent through the judgement of the Supreme Court of Burundi on 24th June 2015 to recognize the legal and property value of the attested affidavit No 356/99 of 27th July 1999 was in violation of the commitment of the Respondent among others Articles 6 (d), 7 (2) of the Treaty and 15 (1) of the Common Market Protocol as well as Article 14 of the African Charter on Human and Peoples’ Rights.
He further added that the case was filed on time, so it is not time barred and that the Court has jurisdiction to determine the matter because it has authoritatively established such jurisdiction in superior jurisprudence both the First Instance and Appellate Divisions. That the failure to recogonise the legal and property value of the attested affidavit is unlawful and violated the Applicant’s rights under National law, EAC Law and African Union Law.
Mr. Deya also stated that the trial in the Tribunal of High Instance of Bujumbura was not fair and that it had several irregularities. That the Applicant was never called for the hearing and only received the judgement and learnt that witnesses gave evidence while he never got the chance to cross examine them. He said that the High Instance could not have pronounced itself to the attested affidavit. The Applicant’s advocate finally asked the Court to declare that the Respondents actions and omissions are unlawful and they are an infringement of the Treaty provisions mentioned above. Also the Court to declare that the Applicant’s property rights have been violated by the Government of Burundi and as well as the order for reinstitution, an order directing the Respondent to restore the property rights of the Applicants and allow the Applicant to take his three sell agreements to consolidate them and get one title. Also the Court to order the Respondent to issue a report within 60 days on the residue mechanism it will have provided. The court also asked for costs to be met by the Respondents of this Reference and other orders as it may deem to be just in the matter. He added that the Applicant’s right to peacefully enjoy his property was violated and he is entitled to the remedies sought.
In response Mr. Elisha Mwansasu, the Senior State Attorney representing the Attorney General of Burundi, submitted that the matter is time barred because it was not filed within two months time limit as it is provided in Article 30(2) of the Treaty which states that: “The proceedings provided for in this Article shall be instituted within two months of the enactment, publication, directive, decision or action complained of, or in the absence thereof, of the day in which it came to the knowledge of the complainant, as the case may be;”. He added that the matter was filed on 20th November 2015 more that 2 months after the decision of the legality of the Attested Affidavit of 1999 being complained of.
The respondent also urged that the Court has no jurisdiction to hear the matter as it does not have appellate jurisdictions over decisions of the Supreme Court of the Partner States as provided under Articles 27(2) and 30(3) of the Treaty. He asked the Court to dismiss the matter with costs.
Court will deliver its judgement on notice.
The First Instance Division bench was composed of Honorable Judges Lady Justice Monica Mugenyi (Principal Judge), Justice Isaac Lenaola (Deputy Principal Judge), and Justice Audace Ngiye.