ECOWAS Court Dismisses Shatta Wale’s Case Against Ghana Govt

The Community Court of Justice of the Economic Community of West African States (ECOWAS) has dismissed a case filed by popular Ghanaian musician Charles Nii Armah Mensah, professionally known as Shatta Wale, against the Republic of Ghana and its Gaming Commission.

Delivering judgment on May 9, in Case No. ECW/CCJ/APP/25/24, the Court ruled that the applicant failed to substantiate his claims of discrimination after he was allegedly denied a brand endorsement opportunity by a gaming company due to regulatory restrictions in Ghana.

Shatta Wale had challenged the legality of Guideline VII of Ghana’s Advertising Guidelines, which prohibits the use of celebrities in gaming advertisements.

He argued that the provision violated his right to non-discrimination under the African Charter on Human and Peoples’ Rights.

In response, the Ghanaian government maintained that the restriction was uniformly applied to all public figures, regardless of their status or popularity, and challenged the musician to provide evidence that other celebrities were allowed to endorse gaming products under the same regulatory regime.

The ECOWAS Court, in its judgment, acknowledged jurisdiction and declared the application admissible, but ultimately dismissed the case for lacking merit.

The Court highlighted several deficiencies in the application, including: Failure to identify the specific gaming company involved in the alleged endorsement offer, absence of documented communication or contractual evidence with the unnamed company, lack of proof that other celebrities received preferential treatment under the same guidelines.

The ruling was delivered by a three-member judicial panel comprising Justice Ricardo Cláudio Monteiro Gonçalves (Presiding), Justice Sengu Mohamed Koroma, and Justice Dupe Atoki (Judge Rapporteur).

The decision underscores the importance of providing concrete evidence in human rights litigation before international courts and affirms the principle of equal application of law within national regulatory frameworks.