ECOWAS Court orders Mali to pay over 5M CFA in damages for rights’ violation



ECOWAS Court has ordered Republic of Mali to pay 596.8 million CFA to Mr Hamma Hiya and Mrs Bintou Maiga, for violating their rights to property.

Communications of ECOWAS Court made this known in a statement on Thursday in Abuja following virtual judgment  on matter.

Delivering judgment,  Justice Dupe Atoki, also ordered the Malian government to submit to the Court three months measures taken ( the government) to implement the orders/judgment of the Court.

Atoki held that the state in violation of Article 14 of the African Charter on Human and Peoples’ Right  its trespass/unlawful encroachment and non-payment of compensation to both Applicants for their property.

The judge ordered the payment of 288,411,200 CFA Francs to each of the applicants for the violation of their rights to property and another 10,000,000 CFA Franc to each Applicant as compensation for the moral prejudice suffered.

In awarding the compensation, the Court cited the report of the independent expert that estimated the current value of each property at 288,411,000 CFA Francs.

The  Court had its Dec. 9 2019 hearing in the matter, ordered the appointment of a real estate expert to help it determine the value of the property.

According to the Court, the suit ECW/CCJ/APP/09/18 filed before the Court on Jan. 22, 2018 counsel to the Applicants, Mr Moussa Maiga.

The applicants alleged violation of their right to property by the government of Mali following the reallocation of their separate (but neighbouring) pieces of land.

They were relocated to an international organization with an office in Mali without compensating the Applicants.

They averred that all attempts to resolve the matter with the government were unsuccessful.

Among the reliefs sought by the Applicants in their initiating application, were orders for the payment of an compensation of Three Hundred and Fifty Million CFA Francs (350,000,000).

The sum requested to be paid to each of the Applicants for the prejudice suffered and for the Respondent to equally bear the cost of litigation.

Also on the three-member panel are Justices Gberi-Be Ouattara and Januaria Costa. (NAN)

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