The Community Court of Justice of the Economic Community of West African States, ECOWAS, on Friday delivered judgement in case number ECW/CCJ/APP/25/24, Charles Nii Armah Mensah vs. the Republic of Ghana and Gaming Commission, dismissing the discrimination claim brought by Ghanaian musician Charles Nii Armah Mensah, popularly called Shatta Wale Jnr.
In a ruling against the applicant, the court cited 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.
Mensah had alleged that a gaming company in Ghana denied him an endorsement deal due to Guideline VII of Ghana’s Advertising Guidelines, which prohibits gaming operators from using celebrities in advertisements.
Mensah 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 no celebrities are 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 judgement, the court found that the applicant failed to prove 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 judgement was rendered by a panel comprising Honourable Justice Ricardo Cláudio Monteiro Gonçalves- the Presiding judge, Honourable Justice Sengu Mohamed Koroma, and Honourable Justice Dupe Atoki- the Judge Rapporteur.
