The Community Court of Justice of the Economic Community of West African States (ECOWAS), sitting in Lagos, has dismissed a discrimination action brought by Ghanaian musician, Charles Nii Armah Mensah, popularly known as Shatta Wale.
The judgment was delivered during the external session of the court in Lagos, Nigeria, as a way to increase awareness at the grassroots of the operations of the court.
The Court ruled against the Applicant, citing his failure to provide sufficient evidence of differential treatment, lack of proof regarding correspondence with the gaming company involved, and failure to disclose the identity of the said company.
Mr. Mensah had alleged that he was denied an endorsement deal by a gaming company in Ghana due to Guideline VII of Ghana’s Advertising Guidelines, which prohibits gaming operators from using celebrities in advertisements.
He claimed the restriction violated his right to non-discrimination under the African Charter on Human and Peoples’ Rights.
The Republic of Ghana denied the allegations and argued that celebrities are not permitted to endorse gaming products under Ghanaian law.
The Respondent challenged the Applicant to present evidence of celebrities who had been treated differently under similar circumstances.
In its judgment, the Court found that the Applicant failed to prove there was any correspondence with the gaming company, failed to show any directive from the government, and did not identify the gaming company, which is a necessary party.
The Court also noted that the Applicant did not present credible evidence of different treatment of other celebrities.
The Court declared that it had jurisdiction over the matter and found the application admissible but dismissed the case in its entirety for lacking merit.
The judgment was rendered by a panel comprising the president of the Court, Justice Ricardo Gonçalves, Justice Sengu Koroma, and Justice Dupe Atoki (Judge Rapporteur).
