The Community Court of Justice of the Economic Community of West African States (ECOWAS) has found the Republic of Senegal guilty of violating the right to freedom of movement of a former minister, Mr. Lat Diop, in a landmark judgment delivered in Lagos.
In the case Lat Diop v. Republic of Senegal (ECW/CCJ/APP/22/24), the regional court ruled that Senegal had arbitrarily restricted Mr. Diop’s movement without legal basis, breaching both regional and international human rights obligations.
Mr. Diop, a Senegalese national and former government official, filed the suit after he was reportedly barred from boarding an international flight on August 28, 2024, despite having cleared all travel formalities and obtained a boarding pass.
He told the Court that police officers acted on political orders to stop him, following public remarks by the Prime Minister which were widely reported in the press.
The Applicant supported his case with documentary evidence including his ECOWAS identity card, a stamped passport, boarding pass, and relevant media publications.
He cited several legal instruments, including the African Charter on Human and Peoples’ Rights and the International Covenant on Civil and Political Rights, arguing that the restriction infringed on his basic freedoms.
Senegal, in its defense, rejected the claims, describing them as speculative.
The government said no official travel ban was in place and pointed out that Mr. Diop retained his diplomatic passport even after his tenure in office.
It added that Mr. Diop had been placed under investigation for financial crimes in September 2024, including allegations of embezzlement and money laundering.
However, in a unanimous ruling, the three-member panel of ECOWAS judges held that the travel restriction was “arbitrary and without legal foundation,” and therefore violated Mr. Diop’s right to freedom of movement under Article 12(2) of the African Charter.
Delivering judgment, the Court:
Declared it had jurisdiction and found the case admissible;
Held that Senegal violated the Applicant’s right to freedom of movement;
Ordered Senegal to pay 6 million CFA Francs in compensation;
Directed the government to immediately lift all restrictions on Mr. Diop’s movement.
The judgment was delivered by Hon. Justice Ricardo Claudio Monteiro Gonçalves, who presided and served as Judge Rapporteur.
He was joined by Hon. Justice Gberi Bé Ouattara and Hon. Justice Edward Amoako Asante.
Legal analysts say the decision reinforces the ECOWAS Court’s role as a guardian of fundamental human rights in the West African subregion.
