In a significant ruling, the ECOWAS Court of Justice has dismissed a discrimination claim filed by Ghanaian musician Charles Mensah, also known as Shatta Wale, against the Republic of Ghana. The court’s decision was delivered in suit No. ECW/CCJ/APP/25/24, which was filed by Mensah against the Republic of Ghana and its Gaming Commission.
At the heart of the matter was Mensah’s allegation 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. Mensah claimed that this restriction violated his right to non-discrimination under the African Charter on Human and Peoples’ Rights.
However, the court ruled against Mensah, citing a lack of sufficient evidence to support his claim of discriminatory treatment. The court noted that Mensah failed to provide proof of correspondence with the gaming company and did not disclose the company’s identity. Furthermore, the court stated that Mensah did not present credible evidence of discriminatory treatment and failed to identify the gaming company, which was deemed a necessary party to the suit.
The Republic of Ghana had denied the allegations, arguing that no celebrities are permitted to endorse gaming products under Ghanaian law. The government challenged Mensah to present evidence of celebrities who had been treated differently under similar circumstances.
The judgment, delivered by a panel of justices comprising Ricardo Gonçalves, Sengu Koroma, and Dupe Atoki, declared that the court had jurisdiction over the matter and found the application admissible. However, due to the lack of merit, the court dismissed the application in its entirety.
This ruling highlights the importance of providing sufficient evidence in discrimination claims and the need for clarity in identifying all parties involved in such cases. The decision also underscores the ECOWAS Court of Justice’s commitment to upholding the principles of justice and ensuring that all claims are thoroughly examined and adjudicated upon.
