The Community Court of Justice, ECOWAS on 19 February 2026, delivered judgment in case number ECW/CCJ/APP/22/25 brought by a national from Cote D’Ivoire over alleged violations of his human rights arising from his conviction and three-year prison sentence for fraud by a Dakar High Court. The Court dismissed all claims, finding no violation of the Applicant’s rights.

Background

The Applicant, Eben Eze Kauane Ameoho filed an application in which he challenged his December 2023 conviction for fraud, arguing that a delay in drafting and transmitting the written judgment prevented him from effectively exercising his right of appeal and pursuing applications for provisional release. He further contended that the underlying dispute was purely commercial in nature and should not have been adjudicated before a criminal court.

He alleged violations of his rights to an effective remedy, presumption of innocence, trial by a competent court, trial within a reasonable time, legality, proportionality of sentence, liberty, and the right to challenge the legality of his detention under the African Charter on Human and Peoples’ Rights (ACHPR), the International Covenant on Civil and Political Rights (ICCPR), and the Universal Declaration of Human Rights (UDHR). He sought immediate release and compensation in the sum of 4.5 billion CFA francs.

The Respondent, the Republic of Senegal, denied all allegations. It maintained that the Applicant was lawfully tried and convicted for fraud following a complaint relating to the sale of palm oil. The Respondent further informed the Court that the Dakar Court of Appeal upheld the conviction in April 2025 and that due process was respected throughout the proceedings.

Court’s Findings

The Court noted that:

• The mere allegation of human rights violations was sufficient to establish its jurisdiction under its human rights mandate.
• The Application met the admissibility requirements under Article 10(d) of the Supplementary Protocol.
• The Applicant failed to provide sufficient evidence to substantiate his claims, particularly regarding the alleged delay in drafting the judgment and the alleged refusal to consider his applications for provisional release.
• The Applicant’s appeal was duly lodged and determined by the Dakar Court of Appeal, and therefore his right to an effective remedy was not violated.
• The Senegalese courts were competent to try the offence of fraud as defined under national criminal law, and there was no arbitrariness in the choice of forum.
• The total duration of proceedings—less than three years across two judicial instances—was reasonable given the complexity of the case.
• There was no evidence of retroactive application of criminal law, disproportionate sentence, or arbitrary deprivation of liberty.

Court’s Decision

The Court:

• Declared that it had jurisdiction to hear the matter.
• Declared the Application admissible.
• Found no violation of the Applicant’s rights to an appeal, presumption of innocence, trial by a competent court, trial within a reasonable time, legality, proportionality of sentence, liberty, or the right to challenge the lawfulness of detention.
• Dismissed all claims in their entirety.
• Ordered each party to bear its own costs.

The judgment was delivered by a panel comprising:

•          Hon. Justice Ricardo Cláudio Monteiro Gonçalves (Presiding and Judge Rapporteur)

•          Hon. Justice Dupe Atoki (Member)

•          Hon Justice Gberi-Bè Ouattara (Member)