The ECOWAS Court of Justice will, on Monday 31st January 2022, begin hearing in case filed by a retired teacher in the Republic of Benin, Mrs Alidou Aissatou, who is asking the Court to hold the State liable for the violation of her rights because of an ‘abnormal delay’ in the country’s judicial system that led to the loss of a property she acquired in October 1987.

In suit ECW/CCJ/APP/38/17, Mrs Aissatou said she bought the land of 500 m2 under the supervision of a surveyor appointed by the Mayor of Abomey-Calavi, the competent administrative authority for land matters.

In the initiating application filed before the Court, the Applicant said months later, her ownership of the property was contested by unknown persons and despite her complaints to the surveyor and formal complaints to the Mayor’s office, they could not help her retain the plot.

Consequently, the Applicant said she sued the surveyors’ office, but the “Tribunal de Premiere Instance de deuxieme classe” in the Abomey-Calavi area of the city adjourned the case since March 2013. She was then compelled to appeal the matter to the Constitutional Court for the denial of justice which acknowledged the “abnormal delay” in the handling of the case.

Unfortunately, she said the Constitutional Court dismissed subsequent applications that could either have enabled her to regain possession of the plot or be paid damages.

Mrs Aissatou is therefore asking the Court to hold that by the failure of the Courts to render judgment, the Republic of Benin was in violation of articles 8, 10 and 17 of the Universal Declaration of Human Rights and articles 7.d, 18/4 of the African Charter on Human and Peoples’ Rights.

Moreover, she said the failure was also contrary to the specific measures for the protection of the elderly contained in article 18/4 of the African Charter on Human Rights.

She is asking the Court to order the payment of one hundred million CFA as compensation to her for the loss of the property.

In its response, the Republic of Benin said that the process filed by the woman ended with the demise of the Surveyor with whom the land was registered, citing Article 469, paragraphs 1 and 2, of the country’s “procédure civile, commerciale, sociale, administrative et des comptes.”

The Defendant also pointed out that it could not be held liable for the loss as it did not emanate from an administrative act but that of the late surveyor and therefore urged the Court to hold that the Tribunal of Abomey-Calavi responsible for the alleged damages suffered by the applicant. It urged a reconstruction of the file from the “Agent Judiciaire” or the Minister of Justice.

Consequently, the State urged the Court to either dismiss the application or to refer the case to its jurisdiction for reconstruction and resolution.

On the three-member panel hearing the suit are Justices Gberi-Be Ouattara (presiding), Dupe Atoki and Januaria T. S. Moreiro Costa.