The ECOWAS Court of Justice has addressed a suit brought forth by the True Whig Party (TWP), a Liberian political entity, accusing the Republic of Liberia of violating its rights to property, fair hearing, and effective remedy.
The court declared its jurisdiction to hear the case and deemed the application admissible. However, it ruled in favor of the Republic of Liberia, stating that there was no violation of the right to property.
The True Whig Party, founded in 1869 and ruling until 1980, alleged that 13 of its members were executed during a coup by the Armed Forces of Liberia (AFL), and its headquarters, the E.J. Roye Building, was confiscated by the Peoples Redemption Council (PRC), a military government.
Despite a decree amendment allowing the return of the building, the party claimed Liberia did not return the property. The respondent’s offer to buy the building for $600,000 was also reportedly refused.
The court heard arguments about a Memorandum of Understanding (MoU), with former party members and the attempted change of ownership to the National Oil Company (NOCAL).
The True Whig Party contended that these actions violated its rights under the Liberian Constitution, the African Charter on Human and Peoples’ Rights, and international treaties.
The party sought a declaration that the takeover of its headquarters was illegal and a violation of its fundamental rights, along with a court order directing Liberia to pay $10 million in damages.
Liberia acknowledged the killings and property confiscation, asserting reconciliation efforts through a $225,000 payment for relocation and rebuilding. It argued the party was bound by the MoU, claiming the property had been leased to another establishment.
The court, led by Judge Rapporteur Justice Dupe Atoki and joined by justices Sengu M. Koroma and Ricardo Claúdio Monteiro Gonçalves, ruled that the True Whig Party failed to prove a violation of its right to a fair hearing.
Additionally, the court found the claim of violation of the right to property unsubstantiated, stating Liberia did not breach the party’s property rights as guaranteed by the African Charter.
