The ECOWAS Court of Justice has issued a verdict on a case brought forward by the True Whig Party (TWP), a Liberian political entity, accusing the Republic of Liberia of infringing upon its rights to property, fair hearing, and effective remedy.
In the ruling, the court asserted its jurisdiction over the matter and deemed the applicant’s application admissible. However, it determined that there was no violation of the right to property by the Republic of Liberia.
The legal representative for the TWP argued that the party, established in 1869 and formerly the ruling party until a coup in 1980, suffered summarily executed members and the confiscation of its headquarters, the E.J. Roye Building, by the Peoples Redemption Council (PRC), a self-styled military government.
The TWP contended that despite an amendment allowing the return of the confiscated building, the Republic of Liberia did not comply, and its offer to purchase the property for $600,000 was rejected. The party further claimed that a questionable Memorandum of Understanding (MoU) was entered into with former party members who received $130,000 in 2013.
The applicant opposed the attempt to transfer ownership of the property to the National Oil Company (NOCAL), a state agency, asserting that the confiscation violated its rights, specifically rights to fair hearing and property under the Liberian Constitution, the African Charter on Human and Peoples’ Rights, and international treaties.
The TWP sought a declaration from the court that the takeover of its headquarters was illegal and violated its fundamental rights, along with an order directing the Republic of Liberia to pay $10 million in aggravated and general damages.
The respondent, the State of Liberia, acknowledged the killing of the party’s leaders and the confiscation of properties, offering a reconciliation gesture through a $225,000 payment for relocation and rebuilding. The Republic of Liberia insisted that the TWP was bound by the MoU and that the application should be declared inadmissible due to a prior ruling by the Supreme Court of Liberia on the same matter, arguing that it constituted an abuse of the court process.
In its ruling, the ECOWAS Court of Justice found that the applicant failed to prove a violation of its right to a fair hearing under Article 7 of the African Charter. Regarding the allegation of a violation of the right to property (ownership of the E.J. Roye Building), the court deemed the claim unsubstantiated and declared that the Republic of Liberia did not violate the applicant’s right to property as guaranteed by Article 14 of the African Charter. The judgement was delivered by Justice Dupe Atoki, with justices Sengu M. Koroma and Ricardo Claúdio Monteiro Gonçalves also on the panel.