THE PRESIDENT OF THE COMMISSION OF ECONOMIC COMMUNITY OF WEST AFRICAN STATES V. BABACAR NDIAYE

BOLOUKUROMO MOSES UGO JCA. (Delivering the Leading Judgment): The main issue in this appeal is whether appellant, President of a regional organization, the Economic Community of West African States, ECOWAS, that undoubtedly enjoys immunity can be impleaded before a municipal court that is the National Industrial Court of Nigeria where Respondent, also a staff of the same the Commission of the Economic Community of West African States (ECOWAS) sued it for orders declaring his suspension from office by the Commission unlawful and a violation of ECOWAS Regulations, damages from appellant for publishing what appellant considered that 'libelous' suspension letter.

Appellant responded to the suit with a statement of defence, where, in paragraphs 10, 11, 12 and 13, he gave notice of his objection to the jurisdiction of the National Industrial Court on grounds of diplomatic immunity he enjoys from proceedings in municipal courts of Nigeria by virtue of the Revised Treaty of ECOWAS, General Con…